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Patna High Court

Madan Kumar @ MintuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that there is no mistake in the order and the bar under Section 403 BNSS prevents any modification, so the application is dismissed.

Summary

The petitioner, Madan Kumar, applied to modify a paragraph in the order dated 02‑12‑2025 which stated that he never willingly desired to appear before the District Court on 17‑12‑2025. The High Court examined whether there was any error of record, arithmetical or typographical mistake, or a statutory bar under Section 403 of the BNSS that would preclude modification. The Court found no such mistake in the original order and noted that Section 403 BNSS bars interference. Consequently, the Court declined to alter the order and dismissed the modification application.

Issues considered

  • Whether the order dated 02‑12‑2025 can be modified to delete the paragraph stating the petitioner never willingly desired to appear before the District Court
  • Whether any error of record, arithmetical or typographical mistake exists in the order
  • Whether Section 403 of the BNSS bars modification of the order

Legislation cited

Subjects

  • modification of order
  • criminal miscellaneous proceedings
  • Section 403 BNSS
  • error of record
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1351 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.36972 of 2025
                  Arising Out of PS. Case No.-2310 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Madan Kumar @ Mintu S/O Ganesh Prasad Presently Residing at A/30,
                 Abhiyanta Nagar, Ramangri, Digha Asiana Road, PS- Rajeev Nagar, Distt.-
                 Patna- 800025.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Asha Lata Kumari D/O Ramakant Prasad R/O Mohalla- New Chandmari,
                 P.S- Town Thana, Motihari, Distt.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Brisketu Sharan Pandey, Advocate
                 For the Opposite Party/s :    Mr. Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-02-2026                    Heard Mr. Brisketu Sharan Pandey, learned counsel

                   appearing on behalf of the petitioner and Mr. Shailendra Kumar

                   Singh, learned A.P.P. for the State.

                                2. The petitioner seeks modification of the order dated

                   02.12.2025 passed in Criminal Miscellaneous No. 36972 of

                   2025 in paragraph no. 9 to the extent that "the petitioner has

                   never willingly desired to appear before Learned District Court

                   on 17.12.2025 at 10:30 A.M. on the fixed date" be deleted from

                   the order dated 02.12.2025.

                                3. Considering the seriousness of the offence, this

                   Court was not inclined for quashing of the complaint, however,
          Patna High Court CR. MISC. No.1351 of 2026(2) dt.13-02-2026
                                                      2/2




                    now it has been disclosed that it is error of record that correct

                    pleadings and records were not considered at the time of passing

                    of the order dated 02.12.2025 passed in Criminal Miscellaneous

                    No. 36972 of 2025 and, as such, the order is required to be

                    modified.

                                 4. This Court finds that there is no arithmetical or

                    typographical mistake in the order dated 02.12.2025 passed in

                    Criminal Miscellaneous No. 36972 of 2025 and also in view of

                    the bar contained in Section 403 BNSS, I don’t find to interfere

                    to modify the order dated 02.12.2025 in any manner.

                                 5. Accordingly, the modification application stands

                    disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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