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Patna High Court

Satyendra Prasad @ Teacher Satyendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.31589 of 2026(2) dt.07-05-2026
                                            3/4




          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;
             Patna High Court CR. MISC. No.31589 of 2026(2) dt.07-05-2026
                                                         4/4




                                                            (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

U      T


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