Patna High CourtCR. MISC./59531/2025allowed

Asharaf Ansari @ Md. Asharaf Ansari v. The State Of Bihar

2025-09-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59531 of 2025 In CRIMINAL MISCELLANEOUS No.31749 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- ALINAGAR District- Darbhanga ====================================================== Asharaf Ansari @ Md. Asharaf Ansari S/O Haidar Ansari @ Md. Haidar Ansari Resident of Village- Supaul, P.S.- Biraul, Dist- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2025 Learned counsel for the petitioner and learned APP for the State are present.

2. Learned counsel for the petitioner submits that the present application has been filed for modification of the order dated 23.07.2025 passed in Cr. Misc. No. 31749 of 2025 due to the reason that in the prayer portion of Cr. Misc. application No.31749 of 2025, ACJM-I, Biraul has been typed in place of SDJM, Benipur. Counsel submits that under Section 528 of the B.N.S.S., 2023, it is under the inherent power of the Court to make such modification in the interest of justice. Counsel submits that in future, such mistake shall not take place and he accepts that such mistake took place in the prayer portion of the Cr. Misc. application No.31749 of 2025.

Patna High Court CR. MISC. No.59531 of 2025(2) dt.12-09-2025 2/2

3. It transpires to this Court that due to inadvertent mistake taken place in the prayer portion of the Cr. Misc. application No.31749 of 2025, A.C.J.M.-I, Biraul has been typed in the order dated 23.07.2025 in place of SDJM, Benipur, which requires modification.

4. Therefore, in the light of the submissions made by the counsel for the petitioner, let the expression 'A.C.J.M.-I, Biraul' typed in the 7th line of paragraph no.6 at page no.3/3 of the order dated 23.07.2025 be read as 'SDJM, Benipur'.

5. Accordingly, with the aforesaid direction, the present modification application is hereby allowed and order dated 23.07.2025 passed in Cr. Misc. No. 31749 of 2025 is modified up to that extent. The period of four weeks to surrender before the concerned trial court shall now be reckoned from today.

(Dr. Anshuman, J) Divyansh/- U T