Patna High Court
Rakesh Kumar Tiwari @ Mantoon Tiwari @ Mantoon BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered the release of the petitioner on bail subject to a bond of Rs.25,000 and two sureties, with the trial court empowered to cancel bail if the petitioner attempts to delay the proceedings.
Summary
The petitioner, Rakesh Kumar Tiwari, was arrested in connection with a 2021 case involving alleged illegal liquor possession, cash, and the death of a person due to spurious liquor, charged under multiple IPC sections (272, 273, 328, 307, 302, 34, 120B) and sections of the Bihar Prohibition and Excise Act. He was not named in the FIR; his alleged involvement emerged four years later based on a chowkidar’s statement. The petitioner, already in custody since February 2026, sought regular bail, arguing lack of direct evidence, his willingness to cooperate, and that he would not abscond. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the submissions, granted bail on a bond of Rs.25,000 with two sureties, one of whom must be his father, and warned that bail could be cancelled if the petitioner attempts to delay the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences and his antecedent cases
- Whether the late addition of the petitioner’s name to the FIR affects his right to bail
- Whether the conditions imposed on bail are sufficient to ensure the trial proceeds without delay
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 37(b)
- Indian Penal Code — s. 120B, 272, 273, 302, 307, 328, 34
Subjects
- bail
- criminal law
- IPC
- Bihar Prohibition and Excise Act
- spurious liquor
- trial
- surety
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18988 of 2026
Arising Out of PS. Case No.-730 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
Rakesh Kumar Tiwari @ Mantoon Tiwari @ Mantoon Baba S/o Subodh
Tiwari R/o vill - Ratti Bhagwanpur, P.S.- Vaishali, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Pandey
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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
offence punishable under Sections 272, 273, 328, 307, 302, 34,
120B of the IPC and Sections 30(a), 30(c) and 37(b) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, two cases
are under the Excise Act and allegation is of recovery of 750 ml.
of liquor along with Rs.48,735/- in cash and empty liquor
bottles from the house-cum-shop of Ram Ekbal Sah and half
filled bottle of 375 ml. whiskey and 10 ml. in 180 ml. bottle of
whiskey was recovered from the shop of Manoj and Anoj Rai.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18988 of 2026(2) dt.18-04-2026
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petitioner is not named in the FIR and his name transpired
during the course of investigation after four years, based on
disclosure made by chowkidar. It is next submitted that if
chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police when the FIR
was instituted. It is also submitted that no doubt one person died
on account of consumption of spurious liquor but then the
petitioner came to be implicated based on suspcion because of
his antecedents. It is next submitted that petitioner is in custody
since 06.02.2026. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
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 furnishing
bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending in connection with
Saraiya (Jaitpur O.P.) P.S. Case No. 730 of 2021.
7. Further, one of the bailors of the petitioner shall be
Patna High Court CR. MISC. No.18988 of 2026(2) dt.18-04-2026
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his father, namely, Subodh Tiwari.
8. It is further made clear that if the learned trial court
comes to a conclusion that petitioner after his release on bail is
trying to delay the trial in any manner or is delaying the framing
of charge or after framing of charge is delaying the trial, in both
the conditions, the learned trial court shall be at liberty to cancel
the bail bonds of the petitioner after recording reason.
(Satyavrat Verma, J)
amit/-
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