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Patna High Court

Manju Devi @ Sumitra DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the modification petition, correcting the wording to include all four petitioners in the anticipatory bail order.

Summary

The petitioners – Manju Devi, Damodar Sahni, Saint Lal Sahni and Ram Prasad Sahni – had been granted anticipatory bail by the Patna High Court on 12 March 2026. A typographical error in paragraph 7 of that order mistakenly referred to "both the petitioners" instead of "all the above named four petitioners." The petitioners filed a modification petition to correct this error. The Court examined the petition and found no substantive change in the relief granted, only a need to rectify the wording. Accordingly, the Court modified the earlier order, directing that "let the above named four petitioners" be read in place of the erroneous phrase, thereby confirming anticipatory bail for all four. The remainder of the original order was left untouched.

Issues considered

  • Whether a modification petition is warranted to correct a typographical error in an anticipatory bail order.

Subjects

  • anticipatory bail
  • modification petition
  • typographical error
  • criminal procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30932 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.13198 of 2026
                     Arising Out of PS. Case No.-37 Year-2024 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
           1.     Manju Devi @ Sumitra Devi, aged about 50 years, Gender-Female, wife of
                  Damodar Sahni, Residence of Village- Maksudanpur, Bhadaiya, Ward No-
                  05, Post+ Police Station- Mohiuddin Nagar, District- Samastipur
           2.    Damodar Sahni, aged about 53 years, Gender-Male, Son of Bitho Sahni,
                 Residence of Village- Maksudanpur, Bhadaiya, Ward No-05, Post + Police
                 Station- Mohiuddin Nagar, District- Samastipur
           3.    Saint Lal Sahni, aged about-40 Years, Gender-Male, Son of Late Ram
                 Chandra Sahni, Residence of Village- Maksudanpur, Bhadaiya Ward No- 05,
                 Post+Police Station- Mohiuddin Nagar, District- Samastipur
           4.    Ram Prasad Sahni, aged about-76 Years, Gender-Male, Son of Late Pream
                 Chandra Sahni, Residence of Village-Maksudanpur, Bhadaiya, Ward No-05,
                 Post+Police Station- Mohiuddin Nagar, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. This is the modification petition filed by the learned

                   counsel for the petitioners and he submits that earlier vide order

                   dated 12.03.2026 passed in Cr. Misc. No.13198 of 2026, the

                   above named four petitioners were granted anticipatory bail but

                   inadvertently it has been typed in para-7 that ‘let both the
          Patna High Court CR. MISC. No.30932 of 2026(2) dt.01-05-2026
                                                      2/2




                    petitioners above named’ in place of ‘all the above named four

                    petitioners’.

                                 3. In view of the above facts, the order dated

                    12.03.2026 passed in Cr. Misc. No.13198 of 2026 is modified to

                    the extent that ‘let the above named four petitioners’ be read in

                    place of ‘let both the petitioners above named’. Hence, all the

                    above named petitioners is granted anticipatory bail as per

                    order dated 12.03.2026 passed in Cr. Misc. No.13198 of 2026

                    and other parts of the order shall remain intact.

                                 4. Accordingly, the modification petition is allowed.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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