Created by Fuzzy Cloud

Patna High Court

Monu Yadav @ Munu Rai @ Munnu RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                          2/2




                        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


Continue reading with your account

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

Sign in to read

Checking your session…

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