Vinod YadavversusThe 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

2   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
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          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 co-

          accused 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 co-

          accused 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
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                   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