Created by Fuzzy Cloud

Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

No correction order is required as the anticipatory bail order correctly records the petitioner’s village as per the application.

Summary

The petitioner, Abhishek Kumar, had been granted anticipatory bail on 19‑January‑2026. During the hearing, counsel pointed out a discrepancy in the village name, claiming the order mistakenly recorded “Ismailpur” instead of “Ismailchak”. The court examined the order and found that the village name was correctly recorded as “Ismailpur”, matching the description in the bail application. It was determined that the alleged error originated from a misstatement by counsel, not from the court’s order. Consequently, the court held that no correction or further order was necessary. The matter was therefore concluded without any additional direction.

Issues considered

  • Whether the anticipatory bail order contains a clerical error in the petitioner’s village name
  • Whether a correction order is required when the alleged error is not present in the court’s order

Subjects

  • anticipatory bail
  • clerical error
  • court order correction
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83523 of 2025
                  Arising Out of PS. Case No.-541 Year-2023 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Abhishek Kumar S/o Late Fulendra Sharma R/o Village - Ismailpur, P.S -
                 Sonpur, District - Saran

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Kumar Gaurav
                 For the Opposite Party/s :         Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-02-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The case was directed to be listed under the

                   heading “To be mentioned” based on mentioning made by the

                   learned counsel appearing on behalf of the petitioner. The

                   learned counsel yesterday mentioned the case stating that the

                   petitioner was granted the privilege of anticipatory bail by an

                   order dated 19-1-2026, but while describing the petitioner

                   inadvertently his village has been recorded as “Ismailpur”, when

                   it is “Ismailchak”, on which the Court made a pertinent query

                   that as to whether the fault has been committed while typing the

                   order or the defect is in the petition, on which the learned

                   counsel appearing on behalf of the petitioner very fairly stated

                   that error has been committed during typing of the order dated
              Patna High Court CR. MISC. No.83523 of 2025(4) dt.24-02-2026
                                                          2/2




                        19-1-2026, as in the petition, the village of the petitioner has

                        been correctly described.

                                 3.     Today when the case is taken up, it is found that

                        there is no error in the order dated 19-1-2026, the village of the

                        petitioner has been rightly recorded as “Ismailpur” and the same

                        is based on the description of the petitioner recorded in the

                        anticipatory bail application.

                                 4.     Since in the order dated 19-1-2026, the petitioner

                        has been described as per description given in the anticipatory

                        bail application, as such no order is required to be passed.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.