Patna High Court
Rajesh TudduversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120(B), 201, 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
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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