Patna High Court
Rakesh Kumar Tiwari @ Mantoon Tiwari @ Mantun BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bail bond and sureties.
Summary
Rakesh Kumar Tiwari was arrested in connection with a case (PS Case No.727 of 2021) involving multiple serious offences under the Indian Penal Code (sections 272, 273, 284, 328, 307, 302, 34, 120B) and the Excise Act (sections 30(A), 30(C), 37(B)). The petitioner argued that he was not caught in the act, no contraband was found in his possession, and the alleged recovery of empty liquor bottles occurred at a location unrelated to him. He also highlighted that he has three prior cases, two under the Excise Act, and claimed the investigation was mechanical. The State opposed bail. The Patna High Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, and the bail application was allowed.
Issues considered
- Whether bail should be granted to an accused charged with serious offences under the IPC and Excise Act despite prior cases.
- Whether the circumstances of arrest and lack of seized material justify bail.
- Whether the investigation was conducted properly to warrant continued custody.
Legislation cited
- Excise Act — s. 30(A), 30(C), 37(B)
- Indian Penal Code — s. 120B, 272, 273, 284, 302, 307, 328, 34
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Excise Act
- serious offences
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12763 of 2026
Arising Out of PS. Case No.-727 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
Rakesh Kumar Tiwari @ Mantoon Tiwari @ Mantun Baba Son of Subodh
Tiwari Resident of Village- Ratti Bhagwanpur, P.S.- Vaishali, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Pandey- Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The Petitioner Seeks Bail in a case registered for
the offences Punishable Under Sections 272, 273, 284, 328, 307,
302, 34, 120B of the Indian Penal Code and 30(A), 30(C), 37(B)
of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which, two
cases are under the Excise Act and allegation is of recovery of
empty bottles of liquor from house of Dhiresh Kumar.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.12763 of 2026(2) dt.03-04-2026
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recovery is from a place, which does not belong to the petitioner
and petitioner has no concern or relation with Dhiresh, but then,
during course of investigation, he was apprehended and is in
custody since 22.12.2025. It is further submitted that charge-
sheet has been submitted. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically without holding a proper
investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Saraiya P. S. Case No.727 of 2021.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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