Patna High Court

Vinod YadavversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was denied as the petitioner was the last person seen with the deceased, indicating a likelihood of involvement in the offence.

Summary

Vinod Yadav was charged under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 for the death of a victim whose body was recovered after the petitioner was last seen with the deceased. He applied for regular bail, claiming innocence, and has been in custody since 31 August 2025. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s status as the last person seen with the victim. The learned judge considered the "last seen" factor as a strong indication of involvement and deemed the case a serious offence. Consequently, the bail application was dismissed, and the petitioner remains in custody.

Issues considered

Whether regular bail can be granted to an accused in a murder case where the accused was the last person seen with the deceased

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2)

Subjects

bail
murder
last seen doctrine
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8176 of 2026
                     Arising Out of PS. Case No.-44 Year-2025 Thana- LADAIYATAR District- Munger
                 ======================================================
                 Vinod Yadav Son of Kailash Yadav Resident of Village - Kethwan, P.S.-
                 Laraiya Tand, Distt.- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial Case No. 506 of 2025 arising out of Laraiya Tand

                   P.S. Case No. 44 of 2025 registered for the offence under

                   Sections 137(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of taking the victim and subsequently the dead body of

                   the victim was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. He is

                   in custody since 31.08.2025.

                                5. Learned A.P.P. has vehemently opposed the prayer

                   for bail.
            Patna High Court CR. MISC. No.8176 of 2026(3) dt.30-03-2026
                                                        2/2




                                   6. Considering the fact that this is a case of last seen

                      and it is the petitioner who was last seen with the deceased, I am

                      not inclined to grant bail to the petitioner for the present.

                                   7. Accordingly, this application for regular bail is

                      dismissed.



                                                 (Sandeep Kumar, J)
khushbu/-

U      T

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