Patna High Court
Sanjay SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court modified the order to correct the typographical error, replacing the reference to the Siwan court with the correct Gopalganj court.
Summary
The petitioner, Sanjay Sah, filed an application seeking modification of an order dated 24 September 2025 in Criminal Miscellaneous No.64710 of 2025. The order mistakenly referred to the "learned Exclusive Special Judge Court No.-II, Siwan" instead of the correct "learned Additional District and Sessions Judge‑IV‑cum‑Special Excise Court No.-II, Gopalganj" due to a typographical error. The petitioner’s counsel argued that the mistake was purely clerical and should be rectified. The Court accepted the submission and allowed the modification application. Consequently, the order was corrected to reflect the proper court and the period for furnishing bail bond was extended by four weeks.
Issues considered
- Whether a typographical mistake in the prayer portion of a court order can be corrected by modification of the order.
Subjects
- typographical error
- order modification
- criminal miscellaneous
- bail bond extension
- excise court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90829 of 2025
In
CRIMINAL MISCELLANEOUS No.64710 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Sanjay Sah S/O Gafur Sah Resident of Village - Purkhas, Bodh Chhapar, P.S.-
Kuchaikote, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 16-01-2026 Learned Advocate for the respective parties are
present.
2. The instant application has been filed seeking
modification of the order dated 24.09.2025 passed in Cr. Misc.
No.64710 of 2025 in connection with Excise P.S. Case No.114
of 2025, to the extent whereby on account of typographical
mistake in the prayer portion, it has been wrongly mentioned to
the satisfaction of “learned Exclusive Special Judge Court No.-
II, Siwan” in place of “learned Additional District and Sessions
Judge-IV-cum-Special Excise Court No.-II, Gopalganj”.
3. Learned Advocate for the petitioner fairly
submitted that on account of typographical mistake on the part
of the petitioner, similar mistake has been occurred in the order
Patna High Court CR. MISC. No.90829 of 2025(2) dt.16-01-2026
2/2
dated 24.09.2025.
4. In view of the submissions advanced by the learned
Advocate for the petitioner, the modification application stands
allowed.
5. The order dated 24.09.2025 is modified to the
extent that to the satisfaction of “learned Exclusive Special
Judge Court No.-II, Siwan” it shall be read as “learned
Additional District and Sessions Judge-IV-cum-Special Excise
Court No.-II, Gopalganj”.
6. The period for furnishing bail bond is extended for
a further period of four weeks from today.
(Harish Kumar, J)
rohit/-
U T
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