Patna High Court
Monu Yadav @ Munu Rai @ Munnu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied as the petitioner’s presence in CCTV footage and prior criminal antecedents warranted continued custody.
Summary
The petitioner, Monu Yadav, sought pre‑arrest bail in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita concerning an alleged robbery and assault. The prosecution alleged that two unknown assailants, on a motorcycle, attacked an informant, snatched cash and a mobile phone, and that CCTV footage placed the petitioner at the scene. The petitioner contended he was not named in the FIR and was being implicated solely on suspicion. The State opposed bail, highlighting the CCTV evidence and the petitioner’s four prior criminal antecedents. The Court, after considering the seriousness of the offence, the material evidence and the petitioner’s record, rejected the prayer for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite not being named in the FIR
- Whether the CCTV footage and prior criminal antecedents justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(6)
Subjects
- pre‑arrest bail
- bail denial
- Section 309
- CCTV evidence
- criminal antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1003 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Monu Yadav @ Munu Rai @ Munnu Rai Son of Feku Yadav @ Pheku Ray
Resident of Village- Sonar Bazar P.S.- Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in connection with
Sahiyara P.S. Case No. 167 of 2025 registered for the offence
punishable under Section 309(6) of Bharatiya Nyaya Sanhita.
3. As per the prosecution case, two unknown
miscreants riding on motorcycle, overtook motorcycle of the
informant, assaulted him by means of fists and slaps and on
point of pistol snatched cash and his mobile phone.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and has been made accused in this
case only on suspicion.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner and submitted that though
Patna High Court CR. MISC. No.1003 of 2026(2) dt.21-01-2026
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petitioner is not named in the F.I.R., however, during course of
investigation, it has come that this petitioner was seen in CCTV
footage at the place of occurrence and has got four criminal
antecedents.
6. Considering the nature of accusation, materials
available on record and criminal antecedents, prayer for pre-
arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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