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Patna High Court

Rajesh TudduversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted given the gravity of the offences and the fact that the trial had already started.

Summary

The petitioner, Rajesh Tuddu, was charged under IPC sections 302, 201, 120(B) and 34, and under Section 3(2)(v) of the SC/ST Act for allegedly murdering the deceased. He has been in custody since 7 April 2024 and the trial has already commenced. The petitioner applied for regular bail, arguing that charges have been framed and that he is entitled to bail. The State opposed the bail, emphasizing the seriousness of the offences and the fact that the trial is underway. Justice Sandeep Kumar, after considering the gravity of the offences and the stage of the proceedings, declined to grant bail, dismissing the application. The order was limited to the bail application and did not prejudice the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the commencement of trial

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC
  • SC/ST Act
  • criminal procedure
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21144 of 2026
                     Arising Out of PS. Case No.-160 Year-2022 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Rajesh Tuddu S/O Tuppan Tudu @ Rupan Tuddu @ Hafan Tuddu R/O Vill.-
                 Dholbajja Santhali Tola, Ward No.- 5 , P.S- Forbisganj, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail Forbesganj P.S. Case No. 160 of 2022

                   corresponding to Sessions Case No. 484 of 2024 registered for

                   the offence under Sections 302, 201, 120(B)/ 34 of the Indian

                   Penal Code and under Section 3(2)(v) of the SC/ST Act.

                                   3. As per the prosecution case, the petitioner was

                   suspected of killing the deceased. During investigation, the

                   sniffer dog went to the house of the petitioner.

                                   4. The petitioner is in jail since 07.04.2024.

                                   5. Learned counsel for the petitioner very fairly

                   submits that charges have been framed in this case.

                                   6. Considering the gravity of the offence, the
          Patna High Court CR. MISC. No.21144 of 2026(2) dt.30-04-2026
                                                      2/2




                    materials available on record and the fact that the trial has

                    started, this Court is not inclined to grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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