Patna High Court
Rakesh Kumar Tiwari @ Mantun Tiwari @ Mantun BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Rakesh Kumar Tiwari, was charged with offences under several sections of the Indian Penal Code and the Bihar Excise Act for allegedly serving spurious liquor that caused a death and serious illness. He had been in custody since January 2026 and was not originally named in the FIR; his name appeared only in 2025. The petitioner sought regular bail, arguing that he would not abscond and would cooperate with the trial, and highlighted that co‑accused had earlier been granted anticipatory bail. The State opposed the bail application. The court considered the seriousness of the charges, the petitioner’s custody, and the prior anticipatory bail granted to others, and ultimately ordered his release on bail with a bond of Rs. 5,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences and his custodial status
- Whether the late addition of the petitioner’s name to the FIR affects his eligibility for bail
- Whether the grant of anticipatory bail to co‑accused influences the decision on the petitioner’s bail
Legislation cited
- Indian Penal Code — s. 120B, 272, 273, 284, 302, 307, 328, 34
Subjects
- bail
- anticipatory bail
- IPC
- Bihar Excise Act
- spurious liquor
- culpable homicide
- criminal conspiracy
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13235 of 2026
Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
Rakesh Kumar Tiwari @ Mantun Tiwari @ Mantun Baba S/o- Subodh Tiwari
R/v- Ratti Bhagwanpur Ps- Vaishali Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Pandey
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. 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 IPC and Sections 30(a), 37(b), 33, 36 and
34 of the Bihar Excise Act.
3. 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 is in custody since 9-1-2026 and
the informant alleges that in a feast, spurious liquor was served
in which one person died and 5-6 persons fell seriously ill.
4. Learned counsel for the petitioner submits that the
case is of the year 2021 and petitioner is not named in the FIR
and his name transpired in the case after four years, i.e., in the
Patna High Court CR. MISC. No.13235 of 2026(2) dt.16-04-2026
2/2
year 2025. It is next submitted that Pankaj and Pawan, who are
named in the FIR, had approached this Court seeking
anticipatory bail by filing Cr. Misc No. 52887 of 2022 and the
same came to be allowed by an order dated 11-11-2022 passed
by a learned Co-ordinate Bench. It is next submitted that if
privilege of regular bail is granted to the petitioner, the
petitioner will not abscond rather will co-operate in the trial to
prove his innocence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Saraiya P.S. Case
No. 728 of 2021.
(Satyavrat Verma, J)
Sumit/-
U T
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