Patna High Court

Govind KumarversusThe State of Bihar

Decided: 17 January 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

A court may amend its own order to correct a clerical mistake without affecting the substantive relief granted.

Summary

The petitioner, Govind Kumar, sought anticipatory bail in Criminal Miscellaneous No. 79864 of 2025, which was granted by the Patna High Court on 12 January 2025. A subsequent modification application was rejected on 17 January 2026, but the order mistakenly recorded the bail grant date as 12‑1‑2025 instead of the correct 1‑12‑2025. The petitioner’s counsel highlighted this clerical error and requested correction. The Court examined whether a judicial order could be amended to rectify a typographical mistake without altering its substantive effect. Finding no prejudice to the respondent and noting the error was purely clerical, the Court modified the order to reflect the correct date of 1‑12‑2025 while leaving the rest of the order unchanged. The modification ensures the correct record of the provisional anticipatory bail date.

Issues considered

Whether a court can modify its own order to correct a clerical error in the date of grant of provisional anticipatory bail

Subjects

anticipatory bail
provisional bail
clerical error
order modification
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89753 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.79864 of 2025
                 Arising Out of PS. Case No.-346 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Govind Kumar S/O Shri Shambhu Prasad Jha @ Shambhu Prasad Shah R/O
                 Vill.- Amaithi, P.S. Bahera, Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kaushal Kumar, Adv
                 For the Opposite Party/s :      Mr.Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-01-2026               1.    Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2.    The learned counsel for the petitioner submits that

                   the modification application was rejected by an order dated 17-

                   1-2026, but inadvertently in the order dated 17-1-2026, it was

                   recorded that petitioner was granted the privilege of provisional

                   anticipatory bail by an order dated 12-1-2025 in Cr. Misc No.

                   79864 of 2025, when it ought to have been petitioner was

                   granted the privilege of provisional anticipatory bail by an order

                   dated 1-12-2025 in Cr. Misc No. 79864 of 2025.

                             3.    In view of the submission made by learned counsel

                   for the petitioner, the order dated 17-1-2026 is modified to the

                   extent that the order granting provisional anticipatory bail be
              Patna High Court CR. MISC. No.89753 of 2025(3) dt.27-01-2026
                                                          2/2




                        read as 1-12-2025 instead of 12-1-2025 and rest of the order

                        shall remain same.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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