Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73116 of 2025 Arising Out of PS. Case No.-451 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Vinod Yadav, S/o Late Ram Daresh Ray @ Ramdarash Ray, Resident of Village- Maruki, P.S.- Sursand, Dist.- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP For the Informant :

Mr. Santosh Kumar, Advocate Mr. Mobassar Ali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for the informant.

2. The accused/petitioner seeks bail in connection with Sursnd P.S. Case No.451 of 2023 registered for the offence punishable under Sections 302, 363, 201 and 120-B read with 34 of the Indian Penal Code.

3. The accused/petitioner is named in the FIR and is in custody since 22.04.2025.

4. Allegation against petitioner is to call the son of informant along with six named co-accused persons whereafter, the son of informant was found missing and

Patna High Court CR. MISC. No.73116 of 2025(2) dt.05-02-2026 2/3 finally, his dead body was recovered after two days.

5. It is submitted by learned counsel appearing for petitioner that after investigation, the police submitted closure report qua petitioner and one other co-accused person, as no incriminating material surfaced during investigation, in furtherance of allegation as raised against him through FIR. It is submitted that merely as petitioner was named with FIR and he was found in company of his son along with other coaccused person on last occasion, cognizance was taken by learned Jurisdictional Magistrate. In this context, it is also submitted that the dead body of deceased son of informant was recovered on the basis of confessional statement of coaccused namely, Jilajeet, Chandan and Rahul, which further suggest non-involvement of this petitioner and was also one of the reason that the police submitted closure report against him. While concluding argument, it is submitted that the petitioner is a man of clean antecedent.

6. Learned APP duly assisted by learned counsel appearing for the informant while opposing the prayer of bail submitted that this petitioner was the person, who was

Patna High Court CR. MISC. No.73116 of 2025(2) dt.05-02-2026 3/3 involved in calling the son of the informant, who found dead subsequently. However, he could not dispute the factual submission that police submitted final form against petitioner.

7. In view of above-mentioned facts and circumstances and by taking note of fact as police after investigation submitted final form against petitioner, coupled with the fact that implication appears on the basis of "last seen" suspicion, accordingly, the petitioner, above-named, who is in custody since 22.04.2025, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi in connection with Sursand P.S. Case No.451 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T