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2026 DAILYLAW 29331 (PAT)

Munchun Yadav v. The State of Bihar

CR. MISC./46232/2026 · 2026-08-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46232 of 2026 Arising Out of PS. Case No.-534 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Munchun Yadav Son of Late Sheetal Yadav Resident of Village- Nadiyawa Kharjamma, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Prasad Yadav, Advocate Mr. Jitendra Kumar, Advocate Mr. Ranvijay Singh, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 19-08-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. 2. The petitioner seeks bail in connection with Noorsarai P.S. Case No. 534 of 2025, instituted for the offences punishable under Sections 70 and 127(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the petitioner and co-accused allegedly forcibly took the informant into a truck and committed rape upon her near Kut Factory, Noorsarai, despite her resistance. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.46232 of 2026(3) dt.19-08-2026 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is khalasi of the truck and he has committed no such offence as alleged against him. It is next submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case during investigation. It is submitted that neither any medical test has been done nor any thumb impression of the victim is present. It is further submitted that as per allegation, the petitioner has confessed his guilt before the police but the same has got no evidentiary value in the eye of law. The petitioner is in custody since 30.09.2025 and has got no criminal antecedent. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that charge has already been framed against the petitioner on 06.04.2026. It is further submitted that there is specific allegation levelled against the petitioner and other accused person of committing gang rape upon the victim and the petitioner has also confessed his guilt before the police. Hence, the petitioner does not deserve the privilege of bail. 6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, Patna High Court CR. MISC. No.46232 of 2026(3) dt.19-08-2026 3/3 this Court is not inclined to grant bail to the petitioner. 7. The prayer is rejected. Rajorshi/- (Rudra Prakash Mishra, J) U T