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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A court may modify its own order to correct a clerical mistake without affecting the substantive relief granted.

Summary

The petitioner, Shivam Kumar, had been granted anticipatory bail in Bachhwara P.S. Case No.31 of 2026. However, the order dated 13.03.2026 mistakenly recorded the case number as 314 in paragraph 5. The petitioner sought correction of this clerical error, arguing that the intended reference was to Case No.31. The court examined the FIR and the context of the order and concluded that the mistake was purely typographical. Accordingly, the court modified the order to read "Bachhwara P.S. Case No.31 of 2026" in paragraph 5, thereby correcting the error.

Issues considered

  • Whether a court can modify an anticipatory bail order to correct a clerical error in the case number

Subjects

  • anticipatory bail
  • clerical error
  • order modification
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14420 of 2026
                    Arising Out of PS. Case No.-31 Year-2026 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Shivam Kumar Son of Late Shatrughan Choudhary @ Late Shatrudhan
                 Chaudhary R/o Village - Fateha, Ward no. 02, P.S. - Bachhwara, Dist. -
                 Begusarai.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey
                 For the Opposite Party/s :      Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that

                   petitioner was granted the privilege of anticipatory bail by order

                   dated 13.03.2026 in connection with Bachhwara P.S. Case

                   No.31 of 2026 but inadvertently at Para-5 of the order dated

                   13.03.2026, it has been recorded Bachhwara P.S. Case No.314

                   of 2026, when it ought to have been Bachhwara P.S. Case No.31

                   of 2026.

                                3. In view of the submissions made by the learned

                   counsel for the petitioner and after perusing the FIR, at Para-5

                   of the order dated 13.03.2026, Bachhwara P.S. Case No.314 of

                   2026 be read as ‘Bachhwara P.S. Case No.31 of 2026.’
             Patna High Court CR. MISC. No.14420 of 2026(3) dt.17-03-2026
                                                         2/2




                                    4. The order dated 13.03.2026 is modified to the

                       extent, indicated above.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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