Patna High Court

Nandkishor KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court ordered the release of the petitioner on bail subject to a bond and sureties.

Summary

The petitioner, Nandkishor Kumar, was charged under IPC sections 406, 420, 467, 468 and 34 for allegedly using a forged school transfer certificate to gain admission and be declared a juvenile before the Juvenile Justice Board, Gaya. He contended that he was a minor at the relevant time, had no knowledge of the alleged forgery, and has no prior criminal record. The State opposed his bail application. The court considered the nature of the allegations, the petitioner’s age, his clean record, and his willingness to cooperate. It granted bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.

Issues considered

Whether bail should be granted to the petitioner accused of offences under IPC sections 406, 420, 467, 468 and 34.
Whether the petitioner’s claim of minority at the time of the alleged offence and lack of knowledge of the forged documents justify bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Indian Penal Code — s. 34, 406, 420, 467, 468

Subjects

bail
forgery
admission fraud
juvenile justice
IPC
criminal procedure
section 482
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26098 of 2026
                       Arising Out of PS. Case No.-132 Year-2022 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Nandkishor Kumar S/o- Jaynandan Prasad Yadav Village- Gohildih PS-
                 Fatehpur Dist- Gaya
                                                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   22-04-2026                             Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends his arrest in a case

                   registered under Sections 406, 420, 467, 468 and 34 of the

                   Indian Penal Code.

                                      3.      As per prosecution case, petitioner took

                   admission in the concerned High School on the basis of transfer

                   certificate issued by concerned Middle School which appears to

                   be not genuine during the verification of the documents made

                   available by the school. It is alleged that the said admission

                   register and transfer certificate were used for declaration of

                   petitioner as Juvenile before J.J.B., Gaya.

                                     4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to ulterior motive.
            Patna High Court CR. MISC. No.26098 of 2026(2) dt.22-04-2026
                                                        2/2




                      Further submission is that at the relevant time, petitioner was

                      minor. The alleged School Leaving Certificate is issued by the

                      concern school and petitioner has no knowledge about the same.

                      Petitioner has never indulged in offence alleged. Petitioner is

                      now a young boy of 23 years having no criminal antecedent and

                      he undertakes to cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                     6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation and age of the petitioner, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the learned court concerned within a period of six weeks

                      from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of learned Judicial Magistrate-I, Gaya Ji in

                      connection with Tankuppa P.S. Case No. 132 of 2022, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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