Patna High Court
Sukhraj MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The order dated 09-12-2025 is modified to read ‘Additional Chief Judicial Magistrate‑II, Bhagalpur (Bihar)’ in place of the erroneous court name.
Summary
The petitioners, Sukhraj Mandal and others, filed an application seeking modification of a bail order dated 09-12-2025 because the order incorrectly named the court as ‘Additional Sessions Judge‑XIX, Bhagalpur’ instead of the correct ‘Additional Chief Judicial Magistrate‑II, Bhagalpur (Bihar)’. The petitioners argued that the mistake was inadvertent and affected the validity of the surrender and bail bond provisions. The learned counsel for the petitioners highlighted the error and requested that the order be rectified. The Court examined the submission and found no substantive prejudice arising from the clerical mistake. Consequently, the Court allowed the modification, reading the correct court name into the order and extending the period for surrender and furnishing bail bonds by four weeks. The original order stands modified accordingly.
Issues considered
- Whether a clerical error in the naming of the court in a bail order warrants modification of the order
Subjects
- bail
- modification of order
- clerical error
- criminal miscellaneous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5499 of 2026
In
CRIMINAL MISCELLANEOUS No.81276 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
1. Sukhraj Mandal S/o- Jitendra Mandal Village- Pakki Sarai PS-Ghogha Distt-
Bhagalpur
2. Anil Mandal S/o- Jitendra Mandal Village- Pakki Sarai PS-Ghogha Distt-
Bhagalpur
3. Puja Devi w/o- Sukhraj Mandal Village- Pakki Sarai PS-Ghogha Distt-
Bhagalpur
4. Jitendra Mandal S/o- Ramdas Mandal Village- Pakki Sarai PS-Ghogha Distt-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Ranjan
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-02-2026 Heard the parties.
2. Application is filed for modification of the order
dated 09.12.2025 passed by this Court in Cr. Misc. No. 81276 of
2025.
3. Learned Advocate for the petitioners submitted that
on account of inadvertence in the bail application, the
petitioners have wrongly mentioned the name of the court as
“Additional Sessions Judge-XIX, Bhagalpur” in place of
“Additional Chief Judicial Magistrate-II, Bhagalpur (Bihar)”.
On account of the aforesaid mistake, similar mistake has
Patna High Court CR. MISC. No.5499 of 2026(2) dt.06-02-2026
2/2
occurred in para-6 of the order dated 09.12.2025 in Cr. Misc.
No. 81276 of 2025.
4. In view of the submissions advanced by the learned
Advocate for the petitioners and the averments made in the
modification application, the same stands allowed. The name of
the court mentioned in order dated 09.12.2025 as “Additional
Sessions Judge-XIX, Bhagalpur” be read as “Additional Chief
Judicial Magistrate-II, Bhagalpur (Bihar)”. Accordingly, the
order dated 09.12.2025 stands modified to the extent indicated
hereinabove.
5. The period for surrender and furnishing bail bonds
shall be extended for a further period of four weeks.
(Harish Kumar, J)
Anjani/-
U T
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