Patna High Court
Gudiya DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court allowed the application and ordered that the custody date in paragraph 4 be read as 26‑10‑2025, correcting the clerical mistake.
Summary
The petitioner, Gudiya Devi, filed an application seeking modification of an earlier order dated 25‑02‑2026 that had rejected her bail application in a criminal miscellaneous case. She contended that paragraph 4 of that order incorrectly recorded the date she was taken into custody as 26‑05‑2025 instead of the correct date, 26‑10‑2025, which was correctly stated in her original petition. The court examined the pleadings, noted the clerical error, and allowed the application for modification. It directed that paragraph 4 of the 25‑02‑2026 order be read as 26‑10‑2025, thereby correcting the record. The application was thereafter disposed of.
Issues considered
- Whether the order dated 25‑02‑2026 rejecting bail can be modified to correct the erroneous custody date recorded in paragraph 4
Subjects
- bail
- modification of order
- clerical error
- criminal procedure
- custody date correction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21775 of 2026
In
CRIMINAL MISCELLANEOUS No.10025 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Gudiya Devi, W/O Upendra Singh, Resident of Village -Jitwarpur, Ward No-
10, P.S -Govindganj, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The instant application has been filed for
modification of the order dated 25.2.2026 passed in Cr. Misc.
no.10025 of 2026 whereby the application for bail of the
petitioner filed in connection with Govindganj P.S. Case no.263
of 2025 was rejected.
3. It is submitted by learned counsel for the petitioner
that the date from which the petitioner was in custody has been
incorrectly typed in paragraph no.4 of the order as 26.5.2025
instead of the correct date i.e. 26.10.2025 which was correctly
mentioned in paragraph no.4 of the petition of Cr. Misc.
no.10025 of 2026.
4. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.21775 of 2026(2) dt.03-04-2026
2/2
having perused the contents of the petition, the instant
application is allowed.
5. It is ordered that in paragraph no.4 of the order
dated 25.2.2026 passed in Cr. Misc. no.10025 of 2026, the date
from which the petitioner is in custody be read as 26.10.2025
and not 26.5.2026.
6. The application stands disposed of.
(Partha Sarthy, J)
avinash/-
U T
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