Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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/-
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