Kushwant Kumar @ Kushawant KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31632 of 2026
                         Arising Out of PS. Case No.-8 Year-2026 Thana- Dhanauti District- Siwan
                 ======================================================
                 Kushwant Kumar @ Kushawant Kumar S/o Chandradeo Singh Resident Of
                 Village- Chanaur, Ps- Dhanauti, Dist- Siwan

                                                                                     ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   07-05-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Dhanauti P.S. Case No.08 of 2026, F.I.R dated

                   03.02.2026 registered for the offences punishable under

                   Sections 318(4), 338 and 336(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. According to prosecution case, in brief, is that the

                   informant, Ashok Sharma, submitted a written report before the

                   S.H.O., Dhanauti Police Station on 03.02.2026 alleging that,

                   pursuant to Memo No. 197 dated 31.12.2025 received from the

                   office of the Superintendent of Police, Siwan, an inquiry was

                   conducted regarding two passports issued in the name of the
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          petitioner, Kushant Kumar. During inquiry, the informant visited

          the petitioner’s house, where the petitioner was absent and his

          father handed over relevant documents, including passports,

          Aadhaar card, matriculation certificate, and birth certificate.

          Upon verification, it was found that Passport No. H2444398

          dated 19.12.2006 reflected the petitioner’s date of birth as

          18.05.1986, whereas the birth certificate, Aadhaar card, and

          matriculation certificate issued by the Secondary Education

          Council, Uttar Pradesh recorded his date of birth as 20.06.1997.

          It was further alleged that there existed an 11-year discrepancy

          between Passport No. H2444398 dated 19.12.2006 and Passport

          No. P4572826 dated 30.08.2016, and that the petitioner had

          fraudulently obtained two passports by committing forgery.

                      4. Learned counsel for the petitioner submits that

          though under misconception to get the correct date mentioned,

          two passports have been issued in the name of this petitioner but

          the same has not been misused and presently, those two

          passports have already been impounded by the appropriate

          authority. It has next been submitted that the petitioner has no

          criminal antecedent and insofar as tarnishing the image of this

          country at international platform is concerned, the petitioner has

          never visited outside the country.
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                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the passports have already been impounded by the

          appropriate authority and the petitioner has no criminal

          antecedent. Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

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

          satisfaction of the learned Judicial Magistrate, Siwan, in

          connection with Dhanauti P.S. Case No.08 of 2026, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions :-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit 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
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                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/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;

                                  (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 their bail bonds.

                                  (v) at the time of accepting of bail bonds, the learned

                     Trial Court is directed to verify the statement made by this

                     petitioner before this Court.



                                                   (Ajit Kumar, J)
sharun/-

U      T