Kushwant Kumar @ Kushawant Kumar v. The State of Bihar
CR. MISC./31632/2026 · 2026-05-07
Ajit Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7772 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7772 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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
Patna High Court CR. MISC. No.31632 of 2026(2) dt.07-05-2026 2/4 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. Patna High Court CR. MISC. No.31632 of 2026(2) dt.07-05-2026 3/4
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
Patna High Court CR. MISC. No.31632 of 2026(2) dt.07-05-2026 4/4 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. sharun/- (Ajit Kumar, J) U T