Patna High Court
Dwarika Rai @ Dvaarika RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
A High Court may correct a clerical mistake in a judgment and extend the surrender period by modifying the earlier order.
Summary
The petitioner, Dwarika Rai, filed a petition seeking modification of an order dated 16-07-2025 to correct a clerical error that misidentified the court of surrender and to obtain an extension of the surrender period. The petition argued that the order incorrectly mentioned ‘2nd Exclusive Special Excise Court, Saran at Chapra’ instead of ‘Judicial Magistrate, 1st Class, Saran at Chapra’. The High Court examined whether such a correction and extension could be granted. It held that the error was purely typographical and could be rectified without prejudice, and it granted the petitioner eight weeks to surrender, subject to a Rs. 5,000 deposit with the District Legal Services Authority. Consequently, the modification petition was allowed and the earlier order was amended accordingly.
Issues considered
- Whether a High Court can modify an earlier order to correct a clerical error in the identification of the court of surrender
- Whether the surrender period can be extended by the court in a modification petition
Subjects
- criminal procedure
- modification of order
- clerical error
- bail bond
- surrender period
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4522 of 2026
In
CRIMINAL MISCELLANEOUS No.29173 of 2025
Arising Out of PS. Case No.-61 Year-2010 Thana- BHELDI District- Saran
======================================================
Dwarika Rai @ Dvaarika Ray son of Rudal Ray Resident of Village-
Vishunpur Piprahi, Saray, Bhatha Sonho, P.S.- Piprahi, Distrct- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, 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 16.07.2025 passed in Cr. Misc. No. 29173 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 ‘Judicial Magistrate, 1st Class,
Saran at Chapra’ it has wrongly been typed as ‘2 nd Exclusive
Special Excise Court, Saran at Chapra’. Same error has occurred
in aforesaid order dated 16.07.2025. Accordingly, learned
counsel for the petitioner requests for necessary correction in
the order.
4. In view of the aforesaid fact, in last paragraph of
Patna High Court CR. MISC. No.4522 of 2026(2) dt.18-02-2026
2/2
the order dated 16.07.2025 passed in Cr. Misc. No. 29173 of
2025, let ‘2nd Exclusive Special Excise Court, Saran at Chapra’
be read as ‘Judicial Magistrate, 1st Class, Saran at Chapra’
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 16.07.2025 passed in Cr. Misc. No. 29173 of 2025 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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