Patna High Court
Kailash RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the anticipatory bail order may be corrected to reflect the accurate father’s name and the proper statutory sections, and the corrected order remains operative.
Summary
Kailash Rai was granted anticipatory bail on 22 December 2025 in Cr. Misc. No.89157 of 2025. He filed a petition alleging clerical mistakes: his father's name was recorded as "Ramanand Rai" instead of "Ramanand Rai @ Ram Nandan" and the sections of the FIR were incorrectly listed as "Section 30(a) of the Bihar Prohibition and Excise Act" rather than the correct "Sections 272, 273, 308 of the IPC and Section 47(A) of the Bihar Prohibition and Excise Act". The court examined whether such errors could be rectified without a fresh hearing. It ordered the correction of the father's name and the proper citation of the statutory provisions, and granted the petitioner four weeks to surrender before the concerned court. The earlier anticipatory bail order was thereby modified to reflect these corrections.
Issues considered
- Whether a court may correct clerical errors in an anticipatory bail order without a fresh hearing
- Whether the corrected order continues to confer anticipatory bail
- Whether a time period for surrender can be granted in the modified order
Legislation cited
- Indian Penal Code — s. 272, 273, 308
Subjects
- anticipatory bail
- correction of order
- clerical error
- criminal procedure
- Bihar Prohibition and Excise Act
- Indian Penal Code
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21755 of 2026
In
CRIMINAL MISCELLANEOUS No.89157 of 2025
Arising Out of PS. Case No.-6 Year-2013 Thana- RAGHOPUR District- Vaishali
======================================================
Kailash Rai S/o Ramanand Rai @ Ram Nandan, Resident of Village-
Sukumarpur, Dakshini Tola, PO- Rustampur, Dist.- Vaishali, Present R/o Kila
road, Patna City, P.S.- Chowk, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sweety Sinha, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. For the State.
2. Learned counsel for the petitioner submits that vide
order dated 22.12.2025 passed in Cr. Misc. No.89157 of 2025,
the petitioner was granted anticipatory bail but due to
inadvertence in the array of parties the father’s name of
petitioner has been mentioned as “Ramanand Rai” whereas the
father’s name of petitioner is “Ramanand Rai @ Ram Nandan”
and in paragraph no.2 of the said bail application, the Sections
in which F.I.R. was registered is mentioned as “Section 30(a) of
the Bihar Prohibition and Excise Act” instead of “Sections 272,
273, 308 of the I.P.C. and Section 47(A) of the Bihar Prohibition
Patna High Court CR. MISC. No.21755 of 2026(2) dt.03-04-2026
2/2
and Excise Act”, therefore, the same may be corrected.
3. In view of the submission made on behalf of
learned counsel for the petitioner, let the father’s name of
petitioner is directed to be corrected as “Ramanand Rai @ Ram
Nandan” instead of “Ramanand Rai” and in paragraph no.2 the
Sections in which F.I.R. was registered be corrected as
“Sections 272, 273, 308 of the I.P.C. and Section 47(A) of the
Bihar Prohibition and Excise Act” instead of “Section 30(a) of
the Bihar Prohibition and Excise Act” in the order dated
22.12.2025 passed in Cr. Misc. No.89157 of 2025.
4. In view of the aforesaid facts and circumstances,
further four weeks’ time from today is granted to the petitioner
to surrender before the Court concerned.
5. Accordingly, the order dated 22.12.2025 passed in
Cr. Misc. No.89157 of 2025, stands modified to the above
extent.
6. The order passed today shall be part and parcel of
the order dated 22.12.2025.
(Sunil Dutta Mishra, J)
Ritik/-
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