Patna High Court
Ramdeni RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The order granting anticipatory bail is modified to correct the court designation and extend the surrender period by four weeks, with all other conditions remaining unchanged.
Summary
The petitioners, Ramdeni Ram and family members, had been granted anticipatory bail in a criminal miscellaneous case. They filed a modification application claiming a clerical error in the original order where the designated court was incorrectly mentioned as the 7th District and Additional Sessions Judge‑cum‑Exclusive Special Judge (POCSO) instead of the 8th. Because of this mistake they were unable to surrender within the stipulated time. The High Court accepted the correction, read the correct court designation, and extended the surrender period by four weeks, leaving all other conditions of the original bail order unchanged. The application was thereafter disposed.
Issues considered
- Whether the High Court can modify an anticipatory bail order to correct a clerical error in the designation of the court.
- Whether the surrender period under anticipatory bail can be extended by the court.
Legislation cited
Subjects
- anticipatory bail
- modification of order
- POCSO Act
- surrender deadline
- procedural error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8859 of 2026
In
CRIMINAL MISCELLANEOUS No.32618 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Ramdeni Ram S/O Jialal Ram R/O Vill.- Akauna, P.S.- Pakaridayal, Dist.-
East Champaran.
2. Phool Kumari Devi @ Phool Kuwar Devi W/O Ramdeni Ram R/O Vill.-
Akauna, P.S.- Pakaridayal, Dist.- East Champaran.
3. Kundan Kumar @ Kundan Ram S/O Ramdeni Ram R/O Vill.- Akauna, P.S.-
Pakaridayal, Dist.- East Champaran.
4. Manjeet Kumar @ Manjeet Ram S/O Ramdeni Ram R/O Vill.- Akauna, P.S.-
Pakaridayal, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amirilal Sah S/O Late Tildhari Sah R/O Vill.- Chorma, P.S.- Pakaridayal,
Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and the State.
2. The present application has been filed for
modification of the order dated 23-12-2025 passed in Cr. Misc.
No. 32618 of 2025 by which the petitioners were granted
anticipatory bail.
3. It is submitted on behalf of the petitioners that he
inadvertently, in the 7th paragraph of the original petition, the
designation of the court has wrongly been mkentioned as 7 th
Patna High Court CR. MISC. No.8859 of 2026(2) dt.06-02-2026
2/3
District and Additional Sessions Judge-cum-Exclusive Special
Judge (POCSO) Act, East Champaran, Motihari in place of 8 th
District and Additional Sessions Judge-cum-Exclusive Special
Judge (POCSO) Act, East Champaran, Motihari and due to that
same mistake occurred in the order and that is why, they could
not surrender within the stipulated time. It is further prayed on
behalf of the counsel for the petitioners that further time may be
extended so that the petitioners could surrender in the court
below.
4. Considering the submissions made on behalf of the
learned counsel for the petitioner and the grounds mentioned in
the modification application, the order dated 23-12-2025 passed
in Cr. Misc. No. 32618 of 2025 is modified to the extent that
learned 7th District and Additional Sessions Judge-cum-
Exclusive Special Judge (POCSO) Act, East Champaran,
Motihari mentioned in the last paragraph of the order be read as
8th District and Additional Sessions Judge-cum-Exclusive
Special Judge (POCSO) Act, East Champaran, Motihari and the
period of surrender of the petitioners in the court below is
extended for a further period of four weeks from today.
5. The rest of the conditions shall remain the same as
mentioned in the order dated 23-12-2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.8859 of 2026(2) dt.06-02-2026
3/3
No. 32618 of 2025.
6. Accordingly, this modification application stands
disposed of.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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