Supreme Court sets aside anticipatory bail denial order by Justice Satyavrat Verma in an Excise case

In Kumar Viplav vs. The State of Bihar (2026), Supreme Courts Division Bench of Justices  B.V. Nagarathna and Ujjal Bhuyan passed a 5-page long order dated May 11, 2026, wherein, it set aside the order dated January 30, 2026 passed by Justice Satyavrat Verma of the Patna High Court. 

The appeal had challenged Justuce Verma's order. The criminal appeal arose out of crime registered pursuant to FIR No. 19 of 2022 dated February 22, 2022 lodged with PS Maranchi (Pach Mohalla O.P.), District Patna, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Anticipating arrest in connection with the offence in question, the appellant had preferred an application for anticipatory bail before the High Court. By order dated December 4, 2025, the High Court had granted  provisional anticipatory bail subject to verification that the appellant had no criminal antecedents. Thereafter, the appellant filed a modification application before the High Court to disclose a criminal antecedent under Sections 323, 341, 379, 387 read with Section 34 of the Indian Penal Code, 1860, all relatable to a single incident. Subsequently, by impugned order dated January 30, 2026, the High Court did not confirm the provisional order, thereby denying the relief of anticipatory bail. Hence, the appeal was filed in the Supreme Court.

Supreme Court's order reads:"Considering the circumstances on record, in our view, the appellant is entitled to the relief of anticipatory bail claimed. We, therefore, allow this appeal and set aside the order passed by the High Court of Judicature at Patna dated 30.01.2026."  

Earlier, Justice Verma had passed an order, which reads:"2. The Court is taking a consistent view of not modifying the order by which petitioner was granted anticipatory bail, in the event, if the same was obtained by concealing the criminal antecedent of the petitioner. 3. Accordingly, the instant modification application is dismissed." Supreme Cort has reversed this order by the High Court.