Patna High Court
Sharvan TudduversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court rejected the petitioners' applications for regular bail.
Summary
The petitioners, a group of individuals from Maldiha Ghat, applied for regular bail in a murder case (Barhara Kothi PS Case No. 76 of 2025) registered under Section 103 of the Bharatiya Nyaya Sanhita. The prosecution alleged that the deceased woman was tied to an electric pole and brutally assaulted by the petitioners, as recorded in a confessional statement of a co‑accused and corroborated by the post‑mortem report showing fatal injuries. The petitioners contended they were not named in the FIR, were innocent, had clean antecedents, and had been in custody for several months. The court examined the seriousness of the accusation, the gravity of the offence, and the material evidence, and concluded that bail could not be granted. Consequently, the regular bail applications were rejected, and the trial was directed to be completed within one year of the order.
Issues considered
- Whether regular bail can be granted to the accused under Section 103 of the Bharatiya Nyaya Sanhita given the nature of the alleged murder and the evidence on record
- Whether the period of custody warrants an expeditious trial
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103
Subjects
- regular bail
- murder
- Section 103
- Bharatiya Nyaya Sanhita
- confessional statement
- post‑mortem report
- expeditious trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91859 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
1. Rajesh Soren @ Rajesh Kumar Soren S/O Shyam Lal Soren R/O Village-
Malidiha (Ghat Tola), P.S- Brahmpur Kothi, Distt.- Purnea.
2. Ranjit Soren S/O Manju Soren R/O Village- Malidiha (Ghat Tola), P.S-
Brahmpur Kothi, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88290 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
Sushil Choudhary S/o- Gulo Choudhary Res of Village- Maldiha Ghat PS-
Barhara Kothi District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2140 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
1. Sharvan Tuddu Son of Sri Chhota Tuddu @ Chhotu Tuddu. Resident of
village- Maldiha Ghat, Ward No. 8, P.S- Barhara Kothi, District- Purnea.
2. Chhota Tuddu @ Chhotu Tuddu Son of late- Tegu Tuddu. Resident of
village- Maldiha Ghat, Ward No. 8, P.S- Barhara Kothi, District- Purnea.
3. Thakur Soren Son of late-Loday Soren Resident of village- Maldiha Ghat,
Ward No. 8, P.S- Barhara Kothi, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 4257 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- BARHARA KOTHI District- Purnia
Patna High Court CR. MISC. No.91859 of 2025(4) dt.10-04-2026
2/4
======================================================
Babu Ram Soren @ Babulal Soren S/O Manik Lal Saran Resident of Vill.-
Gulab Tol, P.S.- Barhara Kothi, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91859 of 2025)
For the Petitioner/s : Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 88290 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 2140 of 2026)
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 4257 of 2026)
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 10-04-2026 All the aforementioned cases are being disposed of by
a common order.
2. Heard learned counsel for the petitioners, informant
and learned A.P.P. for the State.
3. Petitioners seeks regular bail in connection with
Barhara Kothi P. S. Case No. 76 of 2025 registered for the
offence punishable under Section 103 of the Bharatiya Nyaya
Sanhita.
4. Prosecution case, in brief, is that informant who
was posted as ASI at Barhara police station, Purnea, received an
information, on 19.04.2025, that dead body of an unknown
Patna High Court CR. MISC. No.91859 of 2025(4) dt.10-04-2026
3/4
woman is lying at Maldiha Ghat. Thereafter, informant along
with other police personnel reached at the place of occurrence
and the dead body was found lying there with wound marks on
various body parts. Accordingly, F.I.R. was registered.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners are not named in the F.I.R. and their names
transpired during course of investigation in confessional
statement of co-accused Sardar Hansda @ Manjar Hansda.
Petitioners claim clean antecedent and are in custody since
18.07.2025, 20.08.2025, 20.08.2025, 22.05.2025, 06.05.2025,
25.05.2025 and 25.08.2025 respectively.
6. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner Chhota Tuddu,
in his confessional statement, stated that on 18.04.2025 at about
10 PM, these petitioners tied the deceased woman with electric
pole situated in front of the house of petitioner Rajesh Soren and
brutally assaulted her, resulting in her death. From perusal of the
post-mortem report it is apparent that doctor has found two
injuries and cause of death is Hemorrhage and shock resulting
from hard and blunt substance.
7. Considering the nature of accusation, gravity of the
Patna High Court CR. MISC. No.91859 of 2025(4) dt.10-04-2026
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offence and materials available on record, prayer for regular bail
of the petitioners is rejected.
8. However, considering the period of custody of the
petitioners, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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