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Patna High Court

Naresh Tudu @ Naresh TudduversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
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                                   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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