Hakim Kumar Yadav @ Haki Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45497 of 2026 Arising Out of PS. Case No.-167 Year-2026 Thana- KESARIA District- East Champaran ====================================================== Hakim kumar Yadav @ Haki Kumar Yadav son of Hazari Rai Resident of village - Kadhan, Ps- Kesariya, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kesariya P.S. Case No. 167 of 2026 instituted for the offences under Sections 303(2), 317(5), 318(4) of the Bharatiya Nyaya Sanhita.

3. The allegation is that the informant along with the police party proceeded for patrolling. They found that a person namely Hakim Kumar Yadav (petitioner) was riding a Hero Honda Splendor motorcycle. The motorcycle appeared to be a stolen one as the chassis of the same was rubbed off and the motorcycle could not be identified.

4. Learned counsel for the petitioner submits that the petitioner was arrested with a motorcycle where the chassis

Patna High Court CR. MISC. No.45497 of 2026(2) dt.08-07-2026 2/3 number was erased and the engine number was illegible and no details of the vehicle were gathered by the police. The petitioner has been in custody since 23.04.2026.

5. Learned counsel for the petitioner submits that at this stage it would be difficult to pin the blame of the theft of the motorcycle on him unless and until the same is recovered. He has antecedents in four cases.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering that neither the theft of the motorcycle nor the ownership of the motorcycle has been determined and there is no point in keeping the petitioner in custody, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran/concerned Court in connection with Kesariya P.S. Case No. 167 of 2026.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.45497 of 2026(2) dt.08-07-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) abhishekkr/- U T