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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order dated 09-01-2026 is modified to replace "the learned C.J.M., Gaya" with "the learned VIth District and Additional Sessions Judge-cum-Special Court, POCSO, Bhojpur at Ara".

Summary

The petitioner, Niraj Kumar, filed a modification application challenging a typographical error in the bail order dated 09-01-2026 issued in Criminal Miscellaneous No.69923 of 2025. The order incorrectly referred to "the learned C.J.M., Gaya" instead of the correct authority, "the learned VIth District and Additional Sessions Judge-cum-Special Court, POCSO, Bhojpur at Ara." The petitioner argued that the error needed correction to reflect the proper jurisdiction and to avoid confusion. The Court examined the nature of the mistake and held that it was a pure clerical error that could be rectified without prejudice to any party. Consequently, the Court modified the order, substituting the correct reference, and thereby upheld the bail granted to the petitioner.

Issues considered

  • Whether a typographical error in a bail order can be corrected by a modification application
  • Whether the correction affects the validity of the bail granted

Subjects

  • bail
  • modification of order
  • typographical error
  • criminal procedure
  • POCSO
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5330 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.69923 of 2025
                   Arising Out of PS. Case No.-253 Year-2024 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Niraj Kumar son of Shatrughan Singh Village -Barani, P.S. -Charpokhari,
                 Distt. -Bhojpur, Pin code-802223

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Butan Sah Son of Sri Badhai Sah Village -Barani, P.S. -Charpokhari, Distt.
                 -Bhojpur, pin code 802223.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rohit Mishra, Advocate
                 For the Opposite Party/s :      Mr.Rajiv Nayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. This modification application has been filed for

                   modifying the order dated 09.01.2026 passed in Cr. Misc. No.

                   69923 of 2025 (Annexure-1) to the extent that in paragraph 8 of

                   the said order, “to the satisfaction of the learned C.J.M., Gaya”

                   has wrongly been typed in place of “to the satisfaction of the

                   learned VIth District and Additional Sessions Judge-cum-

                   Special Court, POCSO, Bhojpur at Ara.”

                                3. Learned counsel for the petitioner submits that by

                   the said order the petitioner was granted bail.
           Patna High Court CR. MISC. No.5330 of 2026(2) dt.30-01-2026
                                                       2/2




                                  4. In such view of the matter, in paragraph 8 of the

                     said order, in place of “to the satisfaction of the learned C.J.M.,

                     Gaya,” it should be read as “to the satisfaction of the learned

                     VIth District and Additional Sessions Judge-cum-Special Court,

                     POCSO, Bhojpur at Ara.”

                                  5.The order dated 09.01.2026 is, accordingly,

                     modified to the above extent.



                                                  (Khatim Reza, J)
shyambihari/-

U


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