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Patna High Court

Naim MiaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A clerical mistake in an anticipatory bail order may be corrected and the surrender period may be extended to ensure compliance.

Summary

The petitioners sought modification of an anticipatory bail order dated 04-11-2025 which required them to surrender within six weeks. Due to clerical errors in the recorded father's names of appellant No.6 and No.9, they were unable to comply. The petition argued that the errors needed correction and the surrender deadline should be extended. The High Court, after hearing counsel, allowed the correction of the father’s names and extended the surrender period by an additional four weeks, leaving the rest of the order unchanged. The application for modification was therefore granted.

Issues considered

  • Whether a clerical error in the names recorded in an anticipatory bail order warrants modification of the order.
  • Whether the period prescribed for surrender under anticipatory bail can be extended by the court.

Subjects

  • anticipatory bail
  • modification of order
  • clerical error
  • surrender period
  • CrPC
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.894 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2619 of 2024
                     Arising Out of PS. Case No.-73 Year-2024 Thana- AWTARNAGAR District- Saran
                 ======================================================
           1.     Naim Mia, Son of Late Babujan Mia, Resident of village- Mirjapur, P.S.-
                  Avtar Nagar, Dist- Saran
           2.    Saleem Mia, Son of Sulemani Mia, Resident of village- Mirjapur, Ps- Avtar
                 Nagar, Dist- Saran
           3.    Sadam Mia, Son of Sulemani Mia, Resident of village- Mirjapur, P.S.- Avtar
                 Nagar, Dist- Saran
           4.    Mansoor Mia, Son of Sulemani Mia, Resident of village- Mirjapur, P.S.-
                 Avtar Nagar, Dist- Saran
           5.    Saleem Mia @ Mumtaz Alam, Son of Tahir Hussain, Resident of village-
                 Mirjapur, Ps- Avtar Nagar, Dist- Saran
           6.    Tahir Hussain, Son of Tauhid Mian, Resident of village- Mirjapur, P.S.-
                 Avtar Nagar, Dist- Saran
           7.    Firoz Mia, Son of Tahir Hussain, Resident of village- Mirjapur, P.S.- Avtar
                 Nagar, Dist- Saran
           8.    Meraj Alam @ Meraj Hussain, Son of Tahir Hussain, Resident of village-
                 Mirjapur, Ps- Avtar Nagar, Dist- Saran
           9.    Mantu Kumar, Son of Ashok Prasad @ Ashok Mahto, Resident of village-
                 Mirjapur, P.S.- Avtar Nagar, Dist- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Madan Nut, Son of Ganesh Nun, Resident of village- Mirjapur, P.S.- Avtar
                 Nagar, Dist- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :      Ms.Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-01-2026                  The      present     petition      has     been      filed    for

                   modification of the order dated 04.11.2025 passed in Cr.

                   Appeal (SJ) No. 2619 of 2024 to the extent of correction in
Patna High Court CR. MISC. No.894 of 2026(2) dt.17-01-2026
                                            2/3




          the father’s name of appellant nos. 6 and 9 and extending

          the period of surrender.

                       2. It appears that vide order dated 04.11.2025, the

          the appellants were granted anticipatory bail with a

          direction to surrender before the Court below within a

          period of six weeks but they could not surrender before the

          Court below within the stipulated period of time due to

          clerical error in father’s name of appellant nos. 6 and 9.

                       3. It is submitted by learned counsel for the

          petitioners that due to clerical error, the name of father of

          appellant no. 6 has wrongly been typed as Tahir Hussain

          in place of Tauhid Mian and the name of father of

          appellant no.9 has been written as Tahir Hussain in

          place of Ashok Prasad @ Ashok Mahto.

                       4. Having heard learned counsel for the parties

          and taking into consideration the submissions made on

          behalf of the petitioners and the content of the modification

          application, this court is inclined to allow the prayer of the

          petitioners.

                       5. The order dated 04.11.2025 in Cr. Appeal (SJ)

          No. 2619 of 2024 is modified and the time granted to the
             Patna High Court CR. MISC. No.894 of 2026(2) dt.17-01-2026
                                                         3/3




                       petitioners in the said order to surrender in the Court below

                       is extended by a further period of four weeks from today.

                                    6. The remaining part of the order shall remain

                       unchanged.

                                    7. The application stands allowed to the above

                       extent.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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