16,000 Litre Spirit Seizure: Patna HC Grants Anticipatory Bail to Lady Civic Volunteer [Read Order]

The Patna High Court has granted anticipatory bail to a woman accused under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30(A), 33, 41 and 47 of the Bihar Prohibition and Excise Act, 2016, in a case involving the seizure of 16,000 litres of spirit from two trucks.

The petitioner, Punam Shah, was a Lady Civic Volunteer employed under the Government of West Bengal. Appearing for the petitioner, senior counsel N.K. Agrawal submitted that she was not named in the FIR, was not apprehended at the spot, and was not the owner of any of the seized vehicles.

It was argued that her implication arose solely from the confession of another accused, Murshid, recorded in police custody. Counsel stressed that such custodial confessions have no evidentiary value in law.

It was further pointed out that the petitioner is a government employee, serving as a Lady Civic Volunteer in Dalkhola GRPS under the Government of West Bengal since 2013, and that she would cooperate fully with the investigation.

The defence also highlighted that after the 2018 amendment to the Bihar Excise Act, the concept of deemed possession and presumed offender was removed, thereby requiring direct evidence of possession or involvement.

Counsel argued that in the absence of recovery from her conscious possession, the petitioner’s implication was unsustainable.

The State opposed the anticipatory bail plea, citing the seriousness of the offence and the petitioner’s antecedents in two similar cases.

However, Justice Satyavrat Verma, after hearing both sides, directed that in the event the petitioner is arrested or surrenders herself within six weeks, she may be released on anticipatory bail upon furnishing a bond of ₹10,000 with two sureties.

The order was made subject to conditions under Section 438(2) of the Code of Criminal Procedure, ensuring that the petitioner cooperates with the investigation and does not misuse the liberty granted.

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