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 29.07.2021, which was allowed.

3. Heard Mr. Anshu Dhar Sharma, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Sakra PS Case No. 488 of 2020 dated 26.09.2020, instituted under Sections 30(a)/38 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

5. The allegation against the petitioner is that when the police, on prior information that he had stored liquor at his house, went there, on seeing the raiding party, one person fled away, who was identified by the locals to be the petitioner and near the door of his house of brick and asbestos, 45 litres of branded whisky was recovered.

6. Learned counsel for the petitioner submitted that from the FIR itself it is clear that the recovery is from outside the house of the petitioner and that he has no connection with such recovery. It was further submit