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Patna High Court

Nandan Kumar @ Nandan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the modification of the anticipatory bail order to correct the father's name and extended the surrender deadline by four weeks.

Summary

Petitioners Nandan Kumar and Harshit Kumar filed an application to modify the anticipatory bail order dated 02‑12‑2025, contending that the father's name was incorrectly recorded due to an inadvertent mistake. They sought correction of the name to "Anup Singh @ Sanjay Singh @ Sanjay Kumar" and an extension of the time granted for surrender. The Court examined the request, held that the error was purely clerical and did not affect the substantive rights of the parties. Accordingly, it ordered the correction of the father's name in the bail order and extended the surrender period by four weeks from the date of the order. All other conditions of the original anticipatory bail order were left unchanged.

Issues considered

  • Whether an anticipatory bail order can be modified to correct a clerical error in the name of the father of the petitioners?
  • Whether the time for surrender granted in the original anticipatory bail order can be extended?

Subjects

  • anticipatory bail
  • modification of order
  • clerical error
  • surrender deadline
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3790 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.29880 of 2025
                      Arising Out of PS. Case No.-599 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
           1.     Nandan Kumar @ Nandan Singh S/O Anup Singh @ Sanjay Singh @
                  Sanjay Kumar R/O Village- Balwapar, P.S- Islampur, District- Nalanda.
           2.     Harshit Kumar @ Harshit Singh S/O Sanjay Singh @ Anup Singh @ Arvind
                  Singh R/O Village- Balwapar, P.S- Islampur, District- Nalanda.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   30-01-2026                     This application has been filed for modification of

                   order dated 02.12.2025 passed in Cr. Misc. No. 29880 of 2025

                   by which the petitioner was granted anticipatory bail.

                                2. Learned counsel for the petitioner submits that due

                   to inadvertent mistake, in the original bail petition ie. Cr. Misc.

                   No. 29880 of 2025, the name of father of the petitioners has

                   wrongly been mentioned and due to that, same mistake occurred

                   in the cause title of the order dated 02.12.2025.

                                3. Accordingly, the order dated 02.12.2025 passed in

                   Cr. Misc. No. 29880 of 2025 is modified to the extent that the

                   name of father of both the petitioners be read as ‘Anup Singh @

                   Sanjay Singh @ Sanjay Kumar’ in place of Anup Singh and
           Patna High Court CR. MISC. No.3790 of 2026(2) dt.30-01-2026
                                                       2/2




                     Sanjay Singh.

                                  4. Considering the facts and circumstances, the

                     application is allowed and the time granted by order dated

                     02.12.2025 for surrender of the petitioners is extended by further four

                     weeks from today.

                                  5. The rest of the conditions shall remain the same as

                     mentioned in the order dated 02.12.2025 passed in Cr. Misc. No.

                     29880 of 2025.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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