Rakesh Kumar Tiwari @ Mantun Tiwari @ Mantun Baba v. The State Of Bihar

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 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