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 2/3 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 3/3 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. amit/- (Satyavrat Verma, J) U T