Patna High Court
Raushan Kumar Tatya @ Raushan TatyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Raushan Kumar Tatya, was charged with murder under Sections 302 and 34 of the IPC and several offences under the Arms Act (Sections 25(1‑b)(a), 26, 27 and 35). The prosecution alleged that he fired on the brother of an informant, causing his death. The petitioner contended that he was falsely implicated, noting that no incriminating material against him existed except the confessional statements of co‑accused Lalan Kumar and Golu Kumar, and that the allegations were general and omnibus. He had been in custody since 3 June 2024 and possessed six prior criminal antecedents, while a co‑accused had already been granted bail. The State opposed bail, but the Court, considering the lack of specific evidence, the period of custody, and parity with the co‑accused, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and subject to five conditions regarding surety, appearance, non‑tampering, non‑commission of similar offences, and territorial restrictions.
Issues considered
- Whether bail should be granted to the petitioner accused of murder and arms offences given the seriousness of the charges and the evidence against him.
- Whether the petitioner’s claim of false implication and lack of specific incriminating material warrants bail.
- Whether parity with a co‑accused who was previously granted bail justifies granting bail to the petitioner.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Arms Act
- false implication
- parity
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78608 of 2025
Arising Out of PS. Case No.-21 Year-2024 Thana- LALGANJ District- Vaishali
======================================================
Raushan Kumar Tatya @ Raushan Tatya Son of Anil Kumar @ Anil Ray R/O
Sathiauta, P.S.- Bhagwanpur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Lalganj
P.S. Case No. 21 of 2024, instituted for the offences under
Sections 302/34 of the Indian Penal Code and Section 25(1-b)a,
26, 27 and 35 of the Arms Act.
3. Prosecution case, in short, is that accused persons
named in the F.I.R., including the petitioner fired on the brother
of the informant resultantly he died on the spot.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that, in fact, petitioner was arrested in Digha
P.S. Case No. 46 of 2020, subsequently, he was remanded in the
present case. The name of the petitioner surfaced on the
Patna High Court CR. MISC. No.78608 of 2025(3) dt.11-02-2026
2/3
confessional statement of co-accused Lalan Kumar and Golu
Kumar, except the confessional statement, no incriminating
material against the petitioner. Learned counsel for the
petitioner submits that general and omnibus allegation has been
made against the petitioner. No specific overt act is alleged
against the petitioner. Charge-sheet has been submitted in this
case. Learned counsel for the petitioner further submits that
other co-accused Lalan Kumar has been granted bail by a Co-
ordinate Bench of this Court vide order dated 20.08.2025 passed
in Cr. Misc. No. 32116 of 2025. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
03.06.2024 and has six criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also claim based on parity and also taking into
account the period of custody undergone by the petitioner, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.78608 of 2025(3) dt.11-02-2026
3/3
below/concerned Court in connection with Lalganj P.S. Case
No. 21 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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