Created by Fuzzy Cloud

Patna High Court

Kari Yadav @ Sanjiv YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to stringent conditions.

Summary

Kari Yadav was arrested in connection with a theft of a motorcycle alleged to have occurred on 12 November 2024, under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is that a person named Rajesh Kumar, who was caught with the stolen motorcycle, identified the petitioner, leading to the recovery of two stolen motorcycles from the petitioner’s house. The petitioner contended that he had no involvement in the theft and that the charge was baseless, noting that he had been in custody since 7 October 2025 and already faced two other criminal cases. The Additional Public Prosecutor opposed bail, but the court, after considering the circumstances, ordered the petitioner’s release on bail with a cash bond of Rs 10,000 and two sureties, imposing several conditions including cooperation with the trial, attendance requirements, and restrictions on tampering with evidence. The application for bail was allowed.

Issues considered

  • Whether bail should be granted to the accused under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidence linking him to the stolen motorcycle and his prior custodial status.

Legislation cited

Subjects

  • bail
  • theft
  • motorcycle theft
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • conditions of bail
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4054 of 2026
                     Arising Out of PS. Case No.-515 Year-2024 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Kari Yadav @ Sanjiv Yadav, aged about 29 years, male, son of Mohan Yadav,
                 R/o Village -Yogia Simra Tol, P.S.-Ladaniya, District- Madhubani.
                                                                            ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Madhubani Nagar PS Case No.515 of 2024 dated 12.11.2024,

                   instituted for the offence punishable under Sections 303(2),

                   317(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence the informant went to R K College,

                   Madhubani, from the motorcycle of his mother to appear in the

                   examination and parked the same there. After the examination

                   of first shift, he did not find his motorcycle at the place where

                   he parked and on search, he noticed that one person was taking

                   away his motorcycle towards east. He raised alarm and caught
Patna High Court CR. MISC. No.4054 of 2026(3) dt.25-02-2026
                                            2/3




          the thief with the help of friends and public. The apprehended

          persons disclosed his name as Rajesh Kumar. In the meanwhile,

          police came and took him into police custody.

                       4. Learned counsel for the petitioner submits that from

          the prosecution case itself it is apparent that one person was

          apprehended with the stolen motorcycle. The apprehended

          person disclosed the name of the petitioner and on whose

          indication two stolen motorcycles have been recovered from the

          house of the petitioner. The petitioner has no concern with the

          stolen motorcycle of the present case. The petitioner has been

          made accused in this case without any basis. Lastly, it is

          submitted that the petitioner is in custody since 07.10.2025

          having two criminal cases against him.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the CJM, Madhubani, in Madhubani

          Nagar/Town PS Case No.515 of 2024, subject to the conditions

          (i) that the petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
            Patna High Court CR. MISC. No.4054 of 2026(3) dt.25-02-2026
                                                        3/3




                      and on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below, (ii)

                      that one of the bailors will be his own blood relation, preferably

                      father, mother, brother, sister and or his wife, (iii) that the bailor

                      shall also state on affidavit that he will inform the court

                      concerned if the petitioner is made accused in any other case of

                      similar nature after his release in the present case and thereafter

                      the court below will be at liberty to initiate the proceeding for

                      cancellation of bail on ground of misuse, (iv) that if the

                      petitioner tampers with the evidence or the witnesses, in that

                      case, the prosecution will be at liberty to move for cancellation

                      of bail and (v) that the petitioner within two weeks from the date

                      of his release from custody shall appear before the SHO of his

                      local area along with a copy of this order and thereafter shall

                      appear before him every fortnightly to mark his attendance till

                      the framing of charge in the case by the trial Court.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.