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2021 Supreme(Pat) 640

AHSANUDDIN AMANULLAH
Gaurav Kumar Ray – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Bimal Kumar, Advocate, Veena Kumari Jaiswal, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 03.08.2021, which was allowed.

3. Heard Mr. Bimal Kumar, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Khagaria (Muffasil) PS Case No. 881 of 2020 dated 25.11.2020, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

5. The allegation against the petitioner is that he along with six others was connected to the recovery of 1764 litres of foreign liquor from a tanker which was caught by the police.

6. Learned counsel for the petitioner submitted that the only allegation that too on the version of the arrested driver before the police is that the petitioner had called him to West Bengal where the liquor was loaded and the petitioner had asked him to take it to Begusarai and one Pradeep Singh, friend of the petitioner, was said to accompany the tanker to Begusarai. L

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