Patna High Court
Surya Mani Choudhary @ Suryamani ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court modified the bail order to replace the incorrect court designation with the correct one.
Summary
The petitioner, Surya Mani Choudhary, filed a modification application seeking correction of a clerical error in the bail order dated 27-08-2025, where the court name was incorrectly recorded as "Learned Special Judge Excise-02, Samastipur" instead of "Learned Chief Judicial Magistrate, Samastipur". The High Court examined the petitioner's request and found the correction appropriate. The Court ordered the erroneous reference to be deleted and replaced with the correct designation, while leaving the rest of the bail order unchanged. Additionally, the Court extended the time for the petitioner to surrender before the learned District Judge and furnish the bail bond by three weeks. The modification application was thereafter disposed of.
Issues considered
- Whether the clerical error in the designation of the court in the bail order can be corrected by a modification application
Subjects
- bail
- modification of order
- clerical error
- criminal miscellaneous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.184 of 2026
In
CRIMINAL MISCELLANEOUS No.55069 of 2025
Arising Out of PS. Case No.-236 Year-2024 Thana- TAJPUR District- Samastipur
======================================================
Surya Mani Choudhary @ Suryamani Choudhary S/o Jagannath Choudhary
@ Jagarnath Choudhary, Resident of Village- Morwa Chandauli, P.S.- Tajpur,
District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate.
For the Opposite Party/s : Mr. Ahmad Ali, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 24-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. Learned counsel appearing on behalf of the
petitioner seeks modification of the order dated 27.08.2025
passed in Cr. Misc. No. 55069 of 2025 submitting that due to
incorrect information given in the prayer portion of the main
bail application by the petitioner, in Paragraph No. 7 of the
order dated 27.08.2025, “Learned Special Judge Excise-02,
Samastipur” has been typed, in place of “Learned Chief Judicial
Magistrate, Samastipur”.
3. In view of the aforesaid submission, I find it proper
to delete “Learned Special Judge Excise-02, Samastipur” from
Patna High Court CR. MISC. No.184 of 2026(4) dt.24-04-2026
2/2
Paragraph No. 7 of the order dated 27.08.2025 and the same be
substituted by “Learned Chief Judicial Magistrate, Samastipur”
4. The order dated 27.08.2025 is modified to the
aforesaid extent. The other parts of the order dated 27.08.2025
shall remain intact.
5. Time to surrender before the learned District to
furnish bail bond is extended for further three weeks from today.
6. The modification application, accordingly, stands
disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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