Patna High Court
Kari Yadav @ Sanjiv YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
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
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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
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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
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