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2021 Supreme(Pat) 631

AHSANUDDIN AMANULLAH
Anshu Singh Alias Digvijay Kumar Rai – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Indrajeet Bhushan, Advocate, Aditya Narayan Singh, 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 05.08.2021, which was allowed.

3. Heard Mr. Indrajeet Bhushan, learned counsel for the petitioner and Mr. Aditya Narayan Singh No. 1, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Bishwambharpur PS Case No. 86 of 2020 dated 15.06.2020, instituted under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

5. As per the FIR, the police at about 10.00 PM on 15.06.2020, when was conducting patrolling and raids, three motorcycles were seen coming towards them and on one motorcycle, two persons were riding, whereas, on the other two motorcycles only one person was driving the same and on seeing the police vehicle, all the four persons left their motorcycles and started fleeing away out of which two persons were apprehended, whereas, two others managed to escape. Thereafter, in the presence of two independent witnesses, the detained persons disclose

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