Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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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