Patna High Court
Virat KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Virat Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 45 of the Excise Act, where 55.180 litres of liquor were allegedly recovered from a house that is a joint family property. The petitioner argued that he was not present at the scene, had no conscious possession of the liquor, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs 10,000 bond with two sureties and compliance with Section 438(2) CrPC, directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted when the accused is not in conscious possession of the alleged liquor and the offence is under the Excise Act.
- Effect of the 2018 amendment removing the concept of deemed possession on the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the suitability of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 45
Subjects
- anticipatory bail
- Excise Act
- deemed possession
- criminal antecedent
- Section 438
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2090 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- Excise P.S. District- Nalanda
======================================================
Virat Kumar S/O Late Shiv Kumar Singh R/O Village- Daroga Bigha, P.S-
Deepnagar, District Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 45 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases out of which one is
under the Excise Act and allegation is of recovery of 55.180
litres of liquor from the house of the petitioner.
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 the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.2090 of 2026(2) dt.27-01-2026
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in the house or the liquor kept in the house was within his
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and it is falsely alleged in the FIR that
petitioner was apprehended, but then, was freed by the villagers
and his family members. It is submitted that petitioner was even
not present at the place of occurrence, but then, he came to be
implicated merely for the reason that he has one antecedent
under the Excise Act.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory 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 the learned Trial
Court where the case is pending/successor Court in connection
with Excise P. S. Case No.441 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.2090 of 2026(2) dt.27-01-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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