Patna High Court
Pramod MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
Clerical mistakes in an order may be corrected by modification without affecting the substantive order.
Summary
Petitioner Pramod Mahto filed a modification application seeking correction of typographical errors in the order dated 06-04-2026 passed in Criminal Miscellaneous No. 22323 of 2026. The petition alleged that the Excise P.S. case number was incorrectly recorded as 123c2/2025 instead of 123c2/2026 and that the father's name was shown as Jageshwar Sharma instead of Jageshwar Mahto. The court examined the petition and held that these were pure clerical mistakes that did not affect the substantive relief granted. Accordingly, the court directed that the order be read with the corrected case number and father's name. The modification was granted, and the order was amended accordingly.
Issues considered
- Whether a court may modify an order to correct typographical errors in case number and party name
- Whether such correction affects the validity of the original order
Subjects
- typographical error
- correction of order
- criminal miscellaneous
- bail petition
- modification application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29053 of 2026
In
CRIMINAL MISCELLANEOUS No.22323 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Pramod Mahto S/o- Jageshwar Mahto Village- Koli PS- Halsi Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-05-2026 Heard Mr. Rabi Bhushan, learned counsel for the
petitioner and Mr. Harendra Prasad, learned APP for the State.
2. The present modification application is filed for
modification of the order dated 06.04.2026 passed in Cr. Misc.
No.22323 of 2026.
3. Learned counsel for the petitioner submits that due
to typographical mistake in paragraph no.1 and prayer portion of
the bail petition Excise P.S. Case No. 123c2 of 2025 has been
wrongly typed in place of “ Excise P.S. Case No. 123c2 of
2026” and also in cause title portion father’s name of petitioner
has been wrongly typed as “Jageshwar Sharma” in place of
“Jageshwar Mahto”
4. In view of the aforesaid, let the P.S case in the order
Patna High Court CR. MISC. No. 29053 of 2026(2) dt.01-05-2026
2/2
dated 06.04.2026 be read as “Excise P.S Case No. 123c2/2026”
in place of “Excise P.S Case No. 123c2/2025” and father’s name
of the petitioner be read as “Jageshwar Mahto” in place of
“Jageshwar Sharma”.
5. Accordingly, the order dated 06.04.2026 passed in
Cr. Misc. No. 22323 of 2026 is modified to the aforesaid extent.
(Rajesh Kumar Verma, J)
Suruchi/-
U
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