Patna High Court
Satyendra Prasad @ Teacher Satyendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner with conditions, finding that the alleged alteration, based on Aadhaar data, did not warrant denial of bail.
Summary
The petitioner, Satyendra Prasad, was arrested in connection with a case alleging that he altered the date of birth of a minor victim in the admission register of a school, which was later used in a POCSO proceeding. The prosecution filed an FIR under sections 336(1), 337 of the Indian Penal Code and section 229(1) of the Bihar Negotiable Substances Act, alleging that the alteration endangered the victim and constituted fraud. The petitioner argued that the change was made based on the victim’s Aadhaar details as per an APAAR ID issued by the Department of Education, and that no superior authority was consulted. The State opposed anticipatory bail, contending the petitioner’s actions were malicious. The High Court, considering the petitioner’s explanation and the lack of change in the victim’s minor status, granted anticipatory bail subject to strict conditions, including a bond, sureties, appearance requirements, and non‑interference with witnesses.
Issues considered
- Whether the petitioner is liable for offences under sections 336(1), 337 IPC and section 229(1) BNS for altering the victim’s date of birth in the admission register.
- Whether the petitioner is entitled to anticipatory bail in view of the alleged alteration and the explanations provided.
- Whether the reliance on Aadhaar‑based APAAR ID justifies the alteration and negates criminal intent.
Legislation cited
- Bihar Negotiable Substances Act — s. 229(1)
- Indian Penal Code — s. 336(1), 337
Subjects
- anticipatory bail
- alteration of records
- POCSO
- date of birth
- Aadhaar
- sections 336 IPC
- sections 337 IPC
- section 229 BNS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31589 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- NAWADA District- Nawada
======================================================
Satyendra Prasad @ Teacher Satyendra Prasad S/o Chandeshwar Prasad
Resident of Village - Bishanpur, Police Station - Govindpur, District -
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Nawada Town P.S. Case No. 41 of 2026 for the
offence punishable under sections 336(2), 337 229(1) of the
BNS lodged on 08.01.2026 by the informant.
3. As per the prosecution case, the petitioner is an
accused of making alteration in the admission register of the
alleged victim in POCSO Case no. 47/23 arising out of
Govindpur P.S. Case no. 116/23. During the evidence of the
petitioner as P.W.7 in the above cited case an alteration was
found in admission register page no. 94 entry no. 117 in the date
of birth of victim. The petitioner had submitted to the concerned
court that the change in date of birth was made without
Patna High Court CR. MISC. No.31589 of 2026(2) dt.07-05-2026
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permission from any superior authority and the change has not
been communicated to any authority. Accordingly, on the
direction of the learned court, an F.I.R was registered against the
petitioner u/s 336(1), 337 and 229(1) of BNS.
4. The Learned counsel on behalf of petitioner
submits that in view of Annexure P/2 issued by the Secretary,
Department of Education, the APAAR ID, which was required
to have been prepared by the School, was being carried out on
the basis of the evidence produced by the parents in respect of
the date of birth of the children in question. It is the case of the
petitioner that on the basis of AADHAAR Card, the victim’s
date of birth was indicated in the APAAR ID, even assuming
that there was certain changes, which is said to have occurred in
preparation of APAAR ID, still the status of victim did not get
changed as still the said victim was a minor and the reasons
which this petitioner is said to have placed for consideration
have not been gone into by the court concerned while
considering the anticipatory bail of this petitioner.
5. Learned APP opposes the prayer for anticipatory
bail and submits that the action of the petitioner smells a rat.
6. Considering the fact that the change in date of birth
as per the petitioner is said to have been made on the basis of
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date of birth recorded in AADHAAR and there being no change
in the status of the victim, this Court is inclined to extend him
the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Nawada in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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