Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The court corrected the village name to Kandaul and extended the surrender period by four weeks.
Summary
Petitioners Pintu Kumar and Kundan Kumar filed a modification petition seeking correction of the village name recorded in the cause title of an earlier order dated 22‑12‑2025, which mistakenly listed Kundan Kumar's village as Khudauri instead of Kandaul, and also requested an extension of the surrender period. The court noted that the error was a clerical mistake that affected the correctness of the order. Considering the parties' submissions, the court allowed the modification, directing that the village be recorded as Kandaul and extending the surrender period by four weeks from the date of the order. The court also imposed a payment of Rs.1,000 to the Patna High Court Legal Services Committee. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether the village name in the cause title can be corrected by a modification petition
- Whether the period for surrender can be extended
Subjects
- criminal procedure
- modification of order
- correction of error
- surrender period
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8949 of 2026
In
CRIMINAL MISCELLANEOUS No.79069 of 2025
Arising Out of PS. Case No.-293 Year-2024 Thana- HULASGANJ District- Jehanabad
======================================================
1. Pintu Kumar S/O Late Brij Nandan Sharma R/O Vill.- Khudauri, P.S.-
Hulasganj, Dist.- Jehanabad.
2. Kundan Kumar @ Karua S/O Late Madho Singh R/O Vill.- Kandaul, P.S.-
Hulasganj, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The present application has been preferred for
modification of the order passed by this Court in Cr. Misc. No.
79069 of 2025 Vide order dated 22/12/2025 to the extent that
village name of petitioner No. 2 i.e. Kundan Kumar @ Karua be
mentioned as Kandaul instead of Khudauri in cause title and
also be extend the time for surrender
3. An order was passed on 22.12.2025.
4. Now, the modification petition has been filed
stating that in the petition itself, the village was wrongly
recorded as Khudauri instead of Kandaul. This resulted into the
wrong entry in the order itself.
Patna High Court CR. MISC. No.8949 of 2026(2) dt.06-02-2026
2/2
5. Considering the submissions of the parties, the
modification petition is allowed subject to payment of Rs.1000/-
to the Patna High Court Legal Services Committee which in
turn will go to the Suvas Cell, Veerchand Patel Road Area,
Patna-800001.
6. Let the village of the petitioners be incorporated as
‘Kandaul’ instead of ‘Khudauri’ in the order dated 22.12.2025.
7. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
Ravi/-
U T
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