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Patna High Court

Abhishekh Sharma @ Abhishek SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The bail order dated 30.03.2026 is modified to correct the typographical error, replacing "Chief Judicial Magistrate, Purnia" with "Chief Judicial Magistrate, Gopalganj".

Summary

The petitioner, Abhishek Sharma, filed a modification application seeking correction of a typographical error in the prayer portion of a bail order dated 30.03.2026, where "Chief Judicial Magistrate, Purnia" was mistakenly printed instead of "Chief Judicial Magistrate, Gopalganj". The petitioner argued that the error was purely clerical and did not affect the substantive relief granted. The State opposed the application, but the court examined whether a court order could be altered to rectify a clerical mistake. The High Court held that such errors can be corrected without prejudice to the parties, as they do not alter the substantive content of the order. Consequently, the court modified the bail order to reflect the correct magistrate’s name, thereby rectifying the mistake.

Issues considered

  • Whether a court order may be modified to correct a typographical error in the prayer portion of a bail order.

Subjects

  • bail
  • modification of order
  • typographical error
  • criminal procedure
  • court correction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26736 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.87921 of 2025
                     Arising Out of PS. Case No.-733 Year-2025 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Abhishekh Sharma @ Abhishek Sharma S/o Kanhaiya Sharma R/O village -
                 Amwa Dumria, P.S - Gopalganj Town, District - Gopalganj

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Thakur Brajesh Singh, Advocate
                 For the Opposite Party/s :      Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                   Heard Mr.Thakur Brajesh Singh, learned counsel for

                   the petitioner and Mr.Umesh Lal Verma,learned APP for the

                   State.

                                2. The present modification application is filed for

                   modification of the order dated 30.03.2026 passed in Cr. Misc.

                   No.87921 of 2025.

                                3. Learned counsel for the petitioner submits that due

                   to typographical mistake in prayer portion of the bail petition to

                   the satisfaction of “learned Chief Judicial Magistrate, Purnia”

                   has been wrongly typed in place of “ learned Chief Judicial

                   Magistrate, Gopalganj”.

                                4. Let it be read as satisfaction of “learned Chief
               Patna High Court CR. MISC. No.26736 of 2026(2) dt.17-04-2026
                                                           2/2




                         Judicial Magistrate, Gopalganj” in place of “learned Chief

                         Judicial Magistrate, Purnia” in paragraph-6 of the bail order

                         dated 30.04.2026 and the said order dated 30.04.2026 has

                         already been corrected by order dated 03.04.2026 and it has

                         already been read as order dated 30.03.2026 passed in Cr. Misc.

                         No. 87921 of 2025.

                                      5. Accordingly, the order dated 30.03.2026 passed in

                         Cr. Misc. No. 87921 of 2025 is modified to the aforesaid extent.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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