Patna High Court

Gautam KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court allowed the modification application to correct the father's name.

Summary

The petitioner, Gautam Kumar, filed a criminal miscellaneous petition which was disposed on 24-09-2025. The order mistakenly recorded his father's name as Sanjay Ray instead of Bindeshwar Rai. The petitioner subsequently filed a modification application to correct this clerical error. The Court examined whether such a correction could be permitted under procedural rules. Finding no substantive prejudice, the Court allowed the modification. The corrected details now state Gautam Kumar as the son of Bindeshwar Rai, residing at Village Bardiha Turhi, Patepur, Vaishali.

Issues considered

Whether a modification application to correct the father's name in a disposed petition can be allowed

Subjects

modification of petition
clerical error correction
criminal miscellaneous proceedings
procedural amendment

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1300 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.63837 of 2025
                        Arising Out of PS. Case No.-250 Year-2025 Thana- PATEPUR District- Vaishali
                  ======================================================
                  Gautam Kumar S/O Bindeshwar Rai R/O Village- Bardiha Turki, P.S.-
                  Patepur, Distict- Vaishali
                                                                     ... ... Petitioner/s
                                             Versus
                  The State of Bihar
                                                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Suruchi Anand, Adv.
                  For the Opposite Party/s :        Mr. Nityanand, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

3    13-02-2026                      In this case, on 24.09.2025, an order was passed

                    disposing of the petition.

                                 2. However, inadvertently, the name of the father of the

                    petitioner, Gautam Kumar has been recorded as Sanjay Ray instead

                    of Bindeshwar Rai in Cr. Misc. No. 63837 of 2025 on 24.09.2025.

                                 3. Accordingly, the present modification application

                    stands allowed to the extent mentioned above.

                                 3. Accordingly, the details be recorded as under:

                                 Gautam Kumar, aged about 26 years, Male, son of
                    Bindeshwar Rai, Resident of Village- Bardiha Turhi, Police Station –
                    Patepur, District, Vaishali.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U

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