Patna High Court
Aman Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the modification petition, corrected "Judicial Magistrate, Gopalganj" to "Judicial Magistrate, Sonpur" and granted an eight‑week surrender period subject to a Rs 5,000 deposit.
Summary
The petitioner, Aman Kumar Kushwaha, filed a criminal miscellaneous petition seeking modification of an order dated 11‑09‑2025 that contained a clerical error and did not grant sufficient time for surrender. The order incorrectly named "Judicial Magistrate, Gopalganj" instead of "Judicial Magistrate, Sonpur" and omitted an adequate surrender period. The petitioner requested correction of the satisfaction portion and an eight‑week extension to surrender and furnish a bail‑bond, subject to a deposit of Rs 5,000 to the District Legal Services Authority. The Court examined its power to correct clerical mistakes and to extend surrender periods in the interest of justice. Finding no prejudice, the Court ordered the correction and granted the requested extension, conditioning it on the stipulated deposit. Consequently, the modification petition was allowed.
Issues considered
- Whether a clerical error in the naming of the judicial magistrate in an order can be corrected by a modification petition
- Whether the court can extend the period for surrender and furnishing a bail‑bond
Subjects
- modification of order
- clerical error
- surrender period
- bail bond
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75926 of 2025
In
CRIMINAL MISCELLANEOUS No.61997 of 2025
Arising Out of PS. Case No.-35 Year-2024 Thana- GOPALGANJ GRP CASE District-
Gopalganj
======================================================
Aman Kumar Kushwaha S/o- Sanjay Kushwaha @ Sanjay Kumar Kushwaha
Village- Khajuri PS-Kuchayakot Dist- Gopaljanj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Madhukar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 11.09.2025 passed in Cr. Misc. No. 61997 of 2025
to the extent of correction in the satisfaction portion and for
extension of period of surrender.
3. Due to inadvertence in the satisfaction portion in
the main petition instead of ‘Judicial Magistrate, Sonpur’ it has
wrongly been typed as ‘Judicial Magistrate, Gopalganj’. Same
error has occurred in aforesaid order dated 11.09.2025.
Accordingly, learned counsel for the petitioner requests for
necessary correction in the order.
4. In view of the aforesaid fact, in paragraph no. 6 of
Patna High Court CR. MISC. No.75926 of 2025(3) dt.18-02-2026
2/2
the order dated 11.09.2025 passed in Cr. Misc. No. 61997 of
2025, let ‘Judicial Magistrate, Gopalganj’ be read as ‘Judicial
Magistrate, Sonpur’ and further eight weeks’ time from the
date of receipt/production of copy of this order is granted to the
petitioner to surrender and furnish bail-bond before the court
below, subject to deposit of Rs. 5,000/- (Rupees Five
Thousand) to the concerned District Legal Services Authority
and to furnish its receipt with the bail-bond.
5. Accordingly, modification petition is allowed and
order dated 11.09.2025 passed in Cr. Misc. No. 61997 of 2025
is modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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