Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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