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Patna High Court

Rahul Prasad Yadav @ Rahul Prasad YadawversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered that the petitioner’s name be corrected to ‘Rahul Prasad Yadav’ in the cause title and the earlier order, and allowed the modification petition.

Summary

The petitioner, Rahul Prasad Yadav, filed a criminal miscellaneous petition seeking modification of an earlier order dated 11‑08‑2025 to correct a clerical error in his name and to extend the period for surrender. The earlier order mistakenly recorded his name as “Rahul Prasad Yadav @ Lalu Prasad Yadaw.” By submitting a supplementary affidavit, the petitioner requested deletion of the alias portion. The Court examined whether such a correction could be ordered and considered the request for extension of surrender. It held that the name in the cause title and the order should be read as “Rahul Prasad Yadav,” thereby correcting the error. The petition for modification was allowed, and the earlier order was modified only to the extent of the name correction.

Issues considered

  • Whether the court can correct a clerical error in the petitioner’s name in the cause title and order
  • Whether the period of surrender can be extended as sought by the petitioner

Subjects

  • modification of order
  • clerk error correction
  • cause title
  • criminal miscellaneous petition
  • surrender period
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90822 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.19801 of 2025
                      Arising Out of PS. Case No.-331 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Rahul Prasad Yadav @ Rahul Prasad Yadaw S/O Birendra Kumar Yadav @
                 Govinad Yadaw R/O Village- Suhath, P.O- Putai, P.S- Bahera, Distt.-
                 Darbhanga, Bihar- 847423.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Prakash, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. This petition has been filed for modification of

                   order dated 11.08.2025 passed in Cr. Misc. No. 19801 of 2025

                   to the extent of correction in the cause title and for extension of

                   period of surrender.

                                3. Due to inadvertence, in the cause title of the main

                   petition, name of petitioner has wrongly been typed as ‘Rahul

                   Prasad Yadav @ Lalu Prasad Yadaw’ in place of ‘Rahul Prasad

                   Yadav’. Same error has occurred in aforesaid order dated

                   11.08.2025. By filing supplementary affidavit, petitioner seeks

                   deletion of the alias part i.e., ‘@ Lalu Prasad Yadaw’.

                   Accordingly, learned counsel for the petitioner requests for
              Patna High Court CR. MISC. No.90822 of 2025(2) dt.18-02-2026
                                                          2/2




                        necessary correction in the order.

                                     4. In view of the aforesaid fact, let name of petitioner

                        in cause title of the aforesaid order dated 11.08.2025 be read as

                        ‘Rahul Prasad Yadav’ in place of ‘Rahul Prasad Yadav @ Lalu

                        Prasad Yadaw’.

                                     5. Accordingly, modification petition is allowed and

                        order dated 11.08.2025 passed in Cr. Misc. No. 19801 of 2025 is

                        modified to the above extent only.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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