Punam Sah Vs State of Bihar (Patna High Court)
The Patna High Court granted anticipatory bail to a petitioner facing potential arrest in connection with a case involving the seizure of 16,000 litres of spirit from two trucks. The case is registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(A), 33, 41, and 47 of the Bihar Prohibition and Excise Act, 2016. The petitioner, a government employee serving as a Lady Civic Volunteer since 2013, was not apprehended at the scene, and none of the seized vehicles were owned by her. She is not named in the FIR, and four accused individuals have already been arrested.
The petitioner’s counsel argued that a confession implicating her, made by a co-accused during police custody, does not hold evidentiary value. It was further noted that the petitioner has two prior cases, but she intends to cooperate with the investigation to establish her innocence. The counsel highlighted that after the 2018 amendment to the Bihar Excise Act, the concepts of deemed possession and presumed offender have been removed, further diminishing the basis for her detention.
The State opposed the anticipatory bail, but the Court considered the petitioner’s personal circumstances, her employment, the nature of the allegations, and the absence of direct evidence against her. Accordingly, the Court directed that if the petitioner is arrested or surrenders within six weeks, she shall be released on anticipatory bail. The bail conditions include furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to compliance with Section 438(2) of the Criminal Procedure Code.
