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Patna High Court

Surya Mani Choudhary @ Suryamani ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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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