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Patna High Court

Gopal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court corrected the typographical error in the father's name and upheld the earlier order with the correction.

Summary

The petitioners sought modification of an earlier order dated 17-02-2026 in Criminal Miscellaneous No. 89970 of 2025, alleging a typographical error in the father's name of petitioner No.2, Santosh Kumar. Senior counsel argued that the mistake was inadvertent and not intentional. The court accepted the explanation, corrected the father's name from "Late Rajesh Kumar Sharma @ Late Pandit Jamuna Prasad" to "Rajendra Prasad Sharma", and read the earlier order with this correction. Additionally, the court granted the petitioners two weeks to surrender before the trial court and furnish bail bonds by 8 May 2026. The modification petition was consequently disposed of.

Issues considered

  • Whether a typographical error in a petitioner's father's name can be corrected by the court
  • Whether the earlier order can be modified to incorporate such correction

Subjects

  • typographical error
  • order modification
  • bail
  • criminal miscellaneous
  • court correction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29051 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.89970 of 2025
                       Arising Out of PS. Case No.-876 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
           1.     Gopal Kumar S/o Jitendra Prasda Singh Resident of Village-Pachwara, P.S-
                  Warsaliganj, District-Nawada
           2.     Santosh Kumar @ Mahanta S/o Rajendra Prasad Sharma R/o Ram Nagar,
                  P.o and P.s.- Nawada, Distt.- Nawada
                                                                        ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Archana Sinha, Sr. Advocate
                                                  Mr.Swarna Roy, Advocate
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-04-2026                   The present modification petitioner has been filed by

                   the petitioners as to modify the order dated 17.02.2026 passed

                   by this Court in Cr. Misc. No. 89970 of 2025.

                                 2. Mrs. Archana Sinha, learned senior counsel

                   appearing on behalf of the petitioners submitted that due to

                   confusion arising out of the name as petitioner no. 2 and

                   informant are of same name, the name of father was typed

                   wrongly. It is submitted that it is purely typographical error and

                   said negligence was neither intentional nor deliberate.

                                 3. Considering the aforesaid submission of Mrs.

                   Sinha, and further the reasons stated in the petition itself, the

                   father name of petitioner no. 2 namely, Santosh Kumar @
           Patna High Court CR. MISC. No.29051 of 2026(2) dt.24-04-2026
                                                       2/2




                     Mahantha be read as Rajendra Prasad Sharma instead of Late

                     Rajesh Kumar Sharma @ Late Pandit Jamuna Prasad.

                                  4. Order dated 17.02.2026 as passed in Cr. Misc. No.

                     89970/2025 be read with aforesaid correction.

                                  5. In view of aforesaid, further two weeks time is

                     granted to the petitioners to surrender before the learned trial

                     court/concerned court and furnish bail bonds i.e. on or before 8 th

                     of May, 2026.

                                  6. With aforesaid, the present modification petition

                     stands disposed of.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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