Patna High Court

Virat kumarversusThe State of Bihar

Decided: 30 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Virat Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 316.6 litres of liquor from a Tata Indigo car. He contended that he was not in possession of the vehicle, was not its owner, and was implicated by a watchman (Chowkidar) with whom he has a hostile relationship, questioning the credibility of the prosecution’s case. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s prior two excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if the verification reveals more than two prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged excise offence
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
liquor seizure
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28980 of 2026
                      Arising Out of PS. Case No.-73 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Virat kumar S/o Ramu Prasad R/o Village - Lahladpur, P.S. - Janta Bazar,
                 Distt. - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Alka Panday
                 For the Opposite Party/s :       Mr. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 316.6 liters of liquor from a Tata

                   Indigo car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and he came to be implicated at the

                   instance of Chowkidar with whom he is on an inimical term. It
Patna High Court CR. MISC. No.28980 of 2026(2) dt.30-04-2026
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          is also submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10000/- (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 Janta

          Bazar P.S. Case No. 73 of 2026 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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 seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.28980 of 2026(2) dt.30-04-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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