Patna High Court
Dabbu Tuddu @ Ratan TudduversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
Bail was denied to the petitioners.
Summary
The petitioners, Budhna Tudu and Dabbu Tuddu, were charged under Sections 103 and 238(3)(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing the brother‑in‑law of an informant. They applied for bail, claiming innocence, lack of eyewitnesses, and absence of direct evidence, and highlighted their clean records and that the charge‑sheet had been filed. The State opposed bail, relying on the testimony of the deceased's daughter, recovered forensic evidence (a blood‑stained spade), and the informant's apprehensions. The Court examined the submissions and the material on record and concluded that the circumstances did not warrant bail at this stage. Consequently, the bail applications were rejected and the trial court was directed to expedite the trial within a year.
Issues considered
- Whether bail should be granted to the accused under Sections 103 and 238(3)(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidence presented.
- Whether the evidence on record establishes a prima facie case justifying denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238(3)(5)
Subjects
- bail
- criminal procedure
- murder
- evidence
- Bharatiya Nyaya Sanhita
- high court
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87632 of 2025
Arising Out of PS. Case No.-389 Year-2024 Thana- PALASI District- Araria
======================================================
Budhna Tudu, S/o- Late Kallu Tudu @ Horon Marandi, resident of Vill-
Khapra, Ward No-7, Barkumba Sohandar Hat, P.S.- Palasi, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88612 of 2025
Arising Out of PS. Case No.-389 Year-2024 Thana- PALASI District- Araria
======================================================
Dabbu Tuddu @ Ratan Tuddu, S/o- Ganesh Tuddu @ Ganesh Tudu, R/o-
Khapra, P.S- Palasi, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 87632 of 2025)
For the Petitioner/s : Mr. Md Naushaduzzoha, Adv.
For the Opposite Party/s : Mr. Meena Singh, APP
(In CRIMINAL MISCELLANEOUS No. 88612 of 2025)
For the Petitioner/s : Mr. Mrigendra Kumar, Adv.
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners seek bail in connection with Palasi
P.S. Case No. 389 of 2024 dated 10.11.2024 registered for the
offence punishable under Sections 103, 238 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.87632 of 2025(3) dt.11-02-2026
2/3
3. The allegation against the petitioners is that they have
killed the brother-in-law of the informant due to enmity.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that both the petitioners have been made
accused only on the basis of suspicion. There is no eye witness
to the occurrence and there is no material on record to connect
the petitioners with the said crime and also there is no direct
evidence to show the involvement of the petitioners in the said
crime. Petitioner, namely, Budhna Tudu (in Criminal
Miscellaneous No. 87632 of 2025) is in custody since
19.08.2025 and Petitioner, namely, Dabbu Tuddu (in Criminal
Miscellaneous No. 88612 of 2025) is in custody since
10.03.2025, both having no criminal antecedents and charge-
sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners and submitted that during investigation the
daughter of the deceased, namely, Chelko Besara was examined
by the police under Section 180 B.N.S.S., wherein, she clearly
stated that both the accused persons forcibly dragged her father
(deceased) towards bamboo orchard. It is further submitted that
the dead body was recovered from the bamboo orchard and the
Patna High Court CR. MISC. No.87632 of 2025(3) dt.11-02-2026
3/3
police has recovered spade from the house of Budhna Tudu
containing blood stain on the back portion of the spade. The
circumstances complete the chain of the offence. The informant
has also raised apprehension against both the petitioners of
having committed the crime.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, I am
not inclined to grant bail to the petitioners at this stage.
7. Accordingly, the prayer of the petitioners for grant of
bail is rejected.
8. The learned Trial Court is directed to take all
endeavour to conclude the trial at the earliest, preferably, within
one year from the date of receipt/production of a copy of this
order without granting any necessary adjournment.
9. This application stands dismissed.
(Khatim Reza, J)
prabhat/-
U T
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