Created by Fuzzy Cloud

Patna High Court

Baliram SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.