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2021 Supreme(Pat) 635

AHSANUDDIN AMANULLAH
Prem Chandra Lok @ Hars Lal Rai – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Ajay Kumar Thakur, Advocate, Uma Nath Mishra, Advocate

JUDGMENT

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

2. Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Uma Nath Mishra, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Bochahan PS Case No. 298 of 2020 dated 08.11.2020, instituted under Sections 272, 273, 120-B of the Indian Penal Code and 30(a), 32(ii) and 41(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that from the school which was being run on the land jointly owned by the petitioner and his nephew, huge quantity of liquor was recovered by the police.

5. Learned counsel for the petitioner submitted that he has been erroneously named as an accused only on the ground that the ownership of the land on which the school was constructed was in his joint name. It was submitted that in the year 2016 itself, it had been given on lease for a period of five years to co-accused Amrendra Kumar on a monthly rental of Rs. 7,000/-, but due to lock-down, on 22nd October, 2020, a revised agreement was entered in

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