Patna High Court
Baliram SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court modified the earlier order to correct the party’s name and extended the surrender period by eight weeks subject to a Rs.5,000 deposit and bail‑bond receipt.
Summary
The petitioners, Baliram Sahni and his wife Indu Devi, filed a criminal miscellaneous petition seeking modification of an earlier order dated 15.01.2026. The earlier order contained a clerical error, incorrectly naming the husband of petitioner No.2 as ‘Nathuni Sahini’ instead of ‘Baliram Sahni’. The petition also requested an extension of the period allowed for surrender and furnishing a bail‑bond. The Court examined the petition and, noting the inadvertent mistake, ordered that the correct name be read in the cause title. It further granted an additional eight weeks from receipt of the modified order for surrender, subject to a deposit of Rs.5,000 each and submission of the receipt with the bail‑bond. Consequently, the modification petition was allowed and the earlier order was altered accordingly.
Issues considered
- Whether a clerical error in the name of a party in a criminal order can be corrected by a modification petition
- Whether the period for surrender and furnishing bail‑bond can be extended by the Court
Subjects
- modification of order
- clerical error correction
- surrender period
- bail bond
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28850 of 2026
In
CRIMINAL MISCELLANEOUS No.68802 of 2025
Arising Out of PS. Case No.-194 Year-2019 Thana- MANJHAGARH District- Gopalganj
======================================================
1. Baliram Sahni S/o Nathuni Sahni R/O Vill.- Maghi Nimueya, P.S.-
Manjhagarh, Dist.- Gopalganj.
2. Indu Devi W/O Baliram Sahni R/O Vill.- Maghi Nimueya, P.S.-
Manjhagarh, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and the
State.
2. This petition has been filed for modification of
order dated 15.01.2026 passed in Cr. Misc. No. 68802 of 2025
to the extent of correction in the name of the husband of
petitioner no. 2 and extension of period of surrender.
3. Due to inadvertence in the party position in the
main petition, name of the husband of petitioner no. 2 has
wrongly been typed as ‘Nathuni Sahini’ in place of ‘Baliram
Sahni’. Same error has occurred in aforesaid order dated
15.01.2026. Accordingly, learned counsel for the petitioners
requests for necessary correction in the order.
Patna High Court CR. MISC. No.28850 of 2026(2) dt.24-04-2026
2/2
4. In view of the aforesaid fact, let name of the
husband of petitioner no. 2 be read as ‘Baliram Sahni’ in the
cause title and further eight weeks’ time from the date of
receipt/production of copy of this order is granted to the
petitioners to surrender and furnish bail-bond before the court
below, subject to deposit of Rs. 5,000/- (Rupees Five
Thousand) each 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 15.01.2026 passed in Cr. Misc. No. 68802 of 2025 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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