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Patna High Court

Ramdeni RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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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