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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the modification, correcting the district name to Sheikhpura while keeping the remainder of the order unchanged.

Summary

The petitioner, Raushan Kumar, filed an application seeking modification of a bail order dated 09-12-2025 in Criminal Miscellaneous No.73055 of 2025. The petition alleged that the district name in the cause title of his bail petition was mistakenly entered as "Lakhisarai" instead of the correct "Sheikhpura". The petitioner’s counsel argued that the error was purely clerical and should be rectified without affecting the substantive provisions of the bail order. The Court, after hearing both sides, held that it could correct the mistake by reading the district as "Sheikhpura" while leaving the rest of the order unchanged. Consequently, the application for modification was allowed, and the earlier order was partially amended.

Issues considered

  • Whether a court may modify a bail order to correct a clerical error in the cause title

Subjects

  • bail
  • modification of order
  • clerical error
  • cause title correction
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4795 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.73055 of 2025
                   Arising Out of PS. Case No.-265 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Raushan Kumar S/O Ashok Mehta @ Ashok Mahto R/o Lakshmipur, P.S.-
                 Barbigha, Distt.- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amresh Kumar Sinha
                 For the Opposite Party/s :       Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has filed the instant application for

                   modification of the order dated 09.12.2025 in connection with

                   Lakhisarai P.S. Case No. 265 of 2025.

                                 3. It is submitted by learned counsel for the

                   petitioner that in the address portion/cause title of the petitioner

                   in his bail petition, the name of District of the petitioner is

                   inadvertently typed as “Lakhisarai” but the same should be

                   Sheikhpura.

                                 4. Let the district of the petitioner in the cause

                   title/address portion be read as “Sheikhpura” instead of

                   “Lakhisarai”.
            Patna High Court CR. MISC. No.4795 of 2026(2) dt.09-02-2026
                                                        2/2




                                    5. Having heard learned counsel for the parties and

                      taking into consideration the submissions made on behalf of the

                      petitioner and the contents of the modification application, the

                      court is inclined to allow the prayer of the petitioner.

                                    6. The order dated 09.12.2025 passed in Cr. Misc.

                      No. 73055 of 2025 is modified.

                                    7. The remaining part of the order dated 09.12.2025

                      shall remain unchanged.

                                   8. The application stands allowed to the above extent.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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