Punam Sah @ Punam Saha @ Punam Sha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70759 of 2025 Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia ====================================================== Punam Sah @ Punam Saha @ Punam Sha D/O Kailash Sao R/O Village/Mohalla- Farsara, Baidoria, Dalkhola, P.S- Dalkhola, Distt.- Uttar Dinajpur (West Bengal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Senior Advocate Mr. Arvind Kumar, Advocate Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2025 Heard Mr. N.K. Agrawal, learned Senior Advocate assisted by Mr. Arvind Kumar for the petitioner and learned APP for the State.
2. Petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code as well as Sections 30(A), 33, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.
3. Learned Senior Counsel for the petitioner submits that petitioner has antecedent of two cases and is a woman and allegation is of recovery of 16,000 litres of spirit from two trucks.
4. Learned Senior Counsel for the petitioner submits
Patna High Court CR. MISC. No.70759 of 2025(3) dt.28-11-2025 2/3 that petitioner was not apprehended from the spot, as such, nothing was recovered from her conscious possession and is not the owner of any of the seized vehicles. It is also submitted that petitioner is not named in the FIR and four accused persons were arrested. It is next submitted that during the course of investigation, one Murshid was also arrested who, in his confession, implicated the petitioner. It is next submitted that confessional statement in police custody does not have any evidentiary value. It is also submitted that petitioner is a government employee and is posted as a Lady Civic Volunteer 165 in Dalkhola GRPS under Government of West Bengal since 2013. It is next submitted that in similar manner, the petitioner was earlier also implicated in two cases.
It is further submitted that petitioner will not abscond rather will co-operate in the investigation to prove her innocence. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.
5. Learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned Senior Counsel for the petitioner, let petitioner, above-named, in
Patna High Court CR. MISC. No.70759 of 2025(3) dt.28-11-2025 3/3 the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond 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 Baisi P.S. Case No.238 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J) Sanjay/- U T