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Patna High Court

Akbar AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court corrected the clerical error and extended the surrender period by eight weeks, allowing the modification petition.

Summary

The petitioner, Akbar Ansari, filed a petition seeking modification of an earlier order dated 11‑09‑2025 because the order incorrectly named the "Chief Judicial Magistrate, East Champaran, Motihari" instead of the correct "Chief Judicial Magistrate, Buxar". The petitioner also requested an extension of the period allowed for surrender and furnishing bail‑bond. The Court examined the petition and found that the error was a clerical mistake and that granting an extension would not prejudice the State. Accordingly, the Court directed that the erroneous reference be read as "Chief Judicial Magistrate, Buxar" and granted an additional eight weeks for surrender and bail‑bond filing upon deposit of Rs.5,000 to the District Legal Services Authority. The modification petition was allowed, and the earlier order was amended accordingly.

Issues considered

  • Whether the clerical error in naming the Chief Judicial Magistrate in the order can be corrected by the Court
  • Whether the period for surrender and furnishing bail‑bond can be extended

Subjects

  • criminal procedure
  • order modification
  • clerical error correction
  • bail
  • surrender period

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.838 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.61985 of 2025
                   Arising Out of PS. Case No.-368 Year-2024 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Akbar Ansari S/o Yunish Ansari Resident of Village - Ismailpur, post -
                 Gajadharganj, P.S. - Buxar, Muffasil, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vishwanand Upadhyay, Advocate
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   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. 61985 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 of

                   the main petition instead of ‘Chief Judicial Magistrate, Buxar’ it

                   has wrongly been typed as ‘Chief Judicial Magistrate, East

                   Champaran, Motihari’. 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

                   the order dated 11.09.2025 passed in Cr. Misc. No. 61985 of
              Patna High Court CR. MISC. No.838 of 2026(2) dt.18-02-2026
                                                          2/2




                        2025, let ‘Chief Judicial Magistrate, East Champaran, Motihari’

                        be read as ‘Chief Judicial Magistrate, Buxar’ 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. 61985 of 2025 is

                        modified to the above extent only.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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