Patna High Court
Madan Kumar @ MintuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- BNSS — s. 403
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/-
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