Budhna Tudu v. The State Of Bihar
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 VillKhapra, 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/oKhapra, 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 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 chargesheet 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