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Patna High Court

Randhir SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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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