Patna High Court
Manoj TudduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to Manoj Tuddu but granted bail to Lalita Devi on condition of a Rs.10,000 bond with two sureties.
Summary
Manoj Tuddu and his wife Lalita Devi were arrested in connection with a case where they were alleged to have assaulted the father of an informant, resulting in his death. They applied for regular bail under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution argued that the FIR contains direct allegations against both accused, while the defence claimed the charges were vague and that co‑accused Manisha Devi had already been released on bail. The court rejected bail for Manoj Tuddu, finding the allegations serious and the post‑mortem report corroborative, but granted bail to Lalita Devi, noting her status as a woman, the general nature of the allegations, and the precedent of bail to the co‑accused. Lalita Devi was ordered to furnish a bail bond of Rs.10,000 with two sureties. The order thus results in bail denial for Manoj Tuddu and bail grant for Lalita Devi.
Issues considered
- Whether bail should be granted to Manoj Tuddu under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 given the alleged assault leading to death.
- Whether bail should be granted to Lalita Devi, considering the allegations are general, she is a woman, and a co‑accused has been released on bail.
- Whether the existence of a prior bail order for a co‑accused influences the bail decision for the petitioners.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- criminal law
- assault causing death
- gender consideration
- Bhartiya Nyaya Sanhita
- section 103(1)
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88245 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
1. Manoj Tuddu Son of Kari Tuddu @ Kare Tuddu Resident of Village-
Bangthi Ward No. 7, P.S.- Barhara Kothi, District- Purnea
2. Lalita Devi Wife of Manoj Tuddu Resident of Village- Bangthi Ward No. 7,
P.S.- Barhara Kothi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
Mr. Kamlesh Kumar Pathak, Advocate
Mr. Sushant Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
For the Informant : Mr. Tarun Kumar Shekhar, Advocate
Mr. Nishant Kumar Sinha, Advocate
Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Barhara Kothi P.S. Case
no.214 of 2025 registered under sections 103(1) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons
including the two petitioners herein are said to have assaulted
the father of the informant with lathi, danda etc., who
subsequently died in course of treatment.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.88245 of 2025(3) dt.20-02-2026
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petitioners have been falsely implicated in the case. The
allegations are general and omnibus in nature. Co-accused
Manisha Devi has been enlarged on bail vide order dated
15.1.2026 passed in Cr. Misc. no.88625 of 2025. The petitioners
are in custody since 5.10.2025 and charge-sheet has been
submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioners besides
being named in the FIR, there is direct allegation against them
of having assaulted the father of the informant leading to his
death. It is further submitted that by the aforesaid order dated
15.1.2026 relied upon by learned counsel for the petitioner, so
far as the application for bail of Vishwanath Tuddu is concerned,
the same was dismissed as withdrawn.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the FIR together with
the corresponding injury in the postmortem report, the Court is
not inclined to enlarge the petitioner no.1 Manoj Tuddu on bail
and the application so far as he is concerned is rejected.
7. In the facts and circumstances of the case, the
petitioner no.2 Lalita Devi on account of being a lady, the
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allegations being general and omnibus in nature and grant of
bail to co-accused Manisha Devi vide aforesaid order dated
15.1.2026, the petitioner no.2 Lalita Devi is directed to be
enlarged on bail in connection with Barhara Kothi P.S. Case
no.214 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Purnea.
(Partha Sarthy, J)
Shiv/-
U T
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