Patna High Court
Naresh Tudu @ Naresh TudduversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted in the present circumstances and dismissed the application.
Summary
The petitioner, Naresh Tudu, was arrested in connection with a rape allegation under Section 64(2) of the B.N.S. He applied for regular bail, claiming innocence, a clean antecedent, and having been in custody since 14 October 2025. The State opposed the bail, asserting that there is consistent evidence supporting the rape charge. The learned counsel for the petitioner argued for bail, while the State’s counsel vehemently opposed it. Justice Sandeep Kumar examined the application and, noting the seriousness of the offence and the consistent evidence, declined to grant bail. The court dismissed the bail application but allowed the petitioner to renew the request after the victim’s testimony is recorded. The judgment expressly stated that its observations are prima facie and do not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused in a rape case under Section 64(2) of the B.N.S. where consistent evidence exists.
Legislation cited
- B.N.S. — s. 64(2)
Subjects
- regular bail
- rape
- Section 64(2)
- B.N.S.
- high court
- bail dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7048 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
Naresh Tudu @ Naresh Tuddu S/O Bhasho Tuddu R/O Vill.- Chandosal, P.s.-
Chandramandi, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Raj
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chandramandi P.S. Case No. 199 of 2025 registered for the
offence under Section 64(2) of the B.N.S.
3. The petitioner is alleged to have committed rape
with the victim. There is consistent evidence with regard to the
same.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.10.2025 and has clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.7048 of 2026(4) dt.09-04-2026
2/2
6. In these circumstances, I am not inclined to grant
bail to the petitioner, this application is for regular bail is
dismissed.
7. The petitioner is given liberty to renew his prayer
for bail after the deposition of the victim recorded in the trial.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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