Patna High Court
Tirpit SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court modified the order to correct the court name and granted an eight‑week surrender period with a Rs.5,000 bail‑bond condition.
Summary
The petitioner filed a criminal miscellaneous petition seeking modification of an earlier order dated 09-12-2025 to correct a clerical error that misidentified the concerned court and to extend the surrender period. The original order mistakenly referred to ‘Judicial Magistrate, 1st Class, Patna City’ instead of ‘ACJM, Vaishali at Hajipur’. The Court read the erroneous phrase as the correct one and granted the petitioner an additional eight weeks to surrender and furnish a bail‑bond of Rs.5,000, subject to deposit with the District Legal Services Authority. The modification petition was allowed, and the earlier order was accordingly amended. No substantive legal issues beyond procedural correction were raised.
Issues considered
- Whether a clerical error in the naming of the concerned court in an order can be corrected by a modification petition
- Whether the period for surrender can be extended and a bail‑bond condition imposed
Subjects
- modification of order
- clerical error
- surrender period
- bail bond
- High Court
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3172 of 2026
In
CRIMINAL MISCELLANEOUS No.64081 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
Tirpit Singh S/o- Bhauhi Singh R/v- Moshimpur PS- Khushrupur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 09.12.2025 passed in Cr. Misc. No. 64081 of 2025
to the extent of correction in the satisfaction portion and for
extension of period of surrender.
3. Due to inadvertence in the satisfaction portion of
the main petition instead of ‘ACJM, Vaishali at Hajipur/
concerned Court’ it has wrongly been typed as ‘Judicial
Magistrate, 1st Class, Patna City’. Same error has occurred in
aforesaid order dated 09.12.2025. Accordingly, learned counsel
for the petitioner requests for necessary correction in the order.
4. In view of the aforesaid fact, in paragraph no. 6 of
the order dated 09.12.2025 passed in Cr. Misc. No. 64081 of
Patna High Court CR. MISC. No.3172 of 2026(2) dt.18-02-2026
2/2
2025, let ‘Judicial Magistrate, 1st Class, Patna City’ be read as
‘ACJM, Vaishali at Hajipur/ concerned Court’ and further
eight weeks’ time from the date of receipt/production of copy of
this order is granted to the petitioner to surrender and furnish
bail-bond before the court below, subject to deposit of Rs.
5,000/- (Rupees Five Thousand) 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 09.12.2025 passed in Cr. Misc. No. 64081 of 2025 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…