Patna High Court
Tausif Raza @ Tausif RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to the conditions specified by the Court.
Summary
The petitioner, Tausif Raza, was arrested on 9 February 2026 in connection with Gopalganj Police Station Case No. 900 of 2024, FIR dated 12 December 2024, for offences punishable under Section 309(4) of the B.N.S., 2023. He was not originally named in the FIR; his name surfaced during investigation and he gave a confessional statement recorded in another case (Uchkagaon PS Case No. 431 of 2024). The petitioner contended that, apart from his confession, no other material linked him to the alleged loot and that he had been in custody for two months. The State opposed bail, citing two other pending cases, though the petitioner was already on bail in those matters. The Court, after weighing the circumstances, ordered his release on bail with a bond of Rs 10,000 and two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents, and directed the order to the Chief Judicial Magistrate, Gopalganj.
Issues considered
- Whether a confessional statement alone suffices to deny bail in the absence of other corroborative material
- Whether the existence of other pending criminal cases justifies refusal of bail
- Whether bail can be granted subject to verification of the petitioner’s criminal antecedents and other conditions
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- confessional statement
- Section 309(4)
- B.N.S., 2023
- criminal antecedent
- verification
- high court
- conditions
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24276 of 2026
Arising Out of PS. Case No.-900 Year-2024 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Tausif Raza @ Tausif Raja S/O Ahmad Raza R/O Village- Indarwan Bairam,
P.S - Gopalganj Town, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Najeeb Ahmad, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Najeeb Ahmad, learned counsel for the
petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.02.2026, in connection with Gopalganj P.S. Case No. 900 of
2024, F.I.R. dated 12.12.2024 registered for the offences
punishable under Sections 309(4) of the B.N.S., 2023
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that
initially the petitioner was not named in the F.I.R. and the name of
the petitioner has been transpired during investigation and the
petitioner has confessed his guilt which was recorded in
Uchkagaon P.S. Case No. 431 of 2024 and thereafter the petitioner
has been implicated in the present case. Learned counsel for the
Patna High Court CR. MISC. No.24276 of 2026(2) dt.15-04-2026
2/3
petitioner further submits that except the confessional statement of
petitioner, no other cogent material has come during investigation
to suggest the involvement of the petitioner in the present
occurrence and the petitioner is in custody since 09.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one but fairly submits on the basis of paragraph-12 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gopalganj in connection with
Gopalganj P.S. Case No. 900 of 2024, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.24276 of 2026(2) dt.15-04-2026
3/3
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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