Patna High Court
Randhir SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The order dated 25-11-2025 is modified to read 'Sub‑Divisional Judicial Magistrate, Saharsa' and an eight‑week surrender period is granted.
Summary
The petitioner, Randhir Singh, filed a petition under Cr. Misc. No.2335 of 2026 seeking modification of an earlier order dated 25-11-2025. The modification sought correction of a typographical error where 'Chief Judicial Magistrate, Saharsa' was incorrectly mentioned instead of 'Sub-Divisional Judicial Magistrate, Saharsa', and an extension of the surrender period. The Court noted the inadvertent error and, applying its inherent power to amend orders for clarity, directed that the erroneous phrase be read correctly. Additionally, the Court granted the petitioner an eight‑week period to surrender and furnish a bail bond, subject to a deposit of Rs.5,000 with the District Legal Services Authority. The petition was allowed and the earlier order was modified accordingly.
Issues considered
- Whether a typographical error in the designation of the magistrate in a court order can be corrected by a modification petition.
- Whether the court can extend the period for surrender and bail‑bond furnishing in the circumstances.
Subjects
- modification of order
- surrender extension
- bail bond
- court correction
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2335 of 2026
In
CRIMINAL MISCELLANEOUS No.57457 of 2025
Arising Out of PS. Case No.-316 Year-2007 Thana- SAHARSA SADAR District- Saharsa
======================================================
Randhir Singh S/O Late Shatrughan Prasad Singh R/O Village- Baherwa,
P.S.- Triveniganj, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Ranjana Devi W/O Randhir Singh R/O Village- Baherwa, P.S.- Triveniganj,
District- Supaul. At Present Mohalla- Gangjala, Gautamnagar, P.S. and Dist.-
Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 25.11.2025 passed in Cr. Misc. No. 57457 of 2025
to the extent of correction in the satisfaction portion and for
extension of period of surrender.
3. Due to inadvertence in the satisfaction portion of
the main petition, instead of ‘Sub-Divisional Judicial
Magistrate, Saharsa’ it has wrongly been typed as ‘Chief
Judicial Magistrate Saharsa’. Same error has occurred in
aforesaid order dated 25.11.2025. Accordingly, learned counsel
for the petitioner requests for necessary correction in the order.
Patna High Court CR. MISC. No.2335 of 2026(2) dt.18-02-2026
2/2
4. In view of the aforesaid fact, in last paragraph of
the order dated 25.11.2025 passed in Cr. Misc. No. 57457 of
2025, let ‘Chief Judicial Magistrate Saharsa’ be read as ‘Sub-
Divisional Judicial Magistrate, Saharsa’ and further eight
weeks’ time from the date of receipt/production of copy of this
order is granted to the petitioner to surrender and furnish bail-
bond before the court below, subject to deposit of Rs. 5,000/-
(Rupees Five Thousand) to the concerned District Legal
Services Authority and to furnish its receipt with the bail-bond.
5. Accordingly, modification petition is allowed and
order dated 25.11.2025 passed in Cr. Misc. No. 57457 of 2025 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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