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2021 Supreme(Pat) 396

AHSANUDDIN AMANULLAH
Karan Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Nasrul Hoda Khan, Advocate, Ataur Rahman, 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 09.07.2021, which was allowed.

3. Heard Mr. Nasrul Hoda Khan, learned counsel for the petitioner and Mr. Ataur Rahman, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Town PS Case No. 397 of 2020 dated 07.08.2020, 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 when the informant, who is an Assistant Sub Inspector of Police, was on patrolling duty, reached the place of occurrence, four persons were seen sitting on two motorcycles who started running away leaving the motorcycles and despite chase, they succeeded in fleeing away. It has been alleged that the petitioner along with two other persons had been identified whereas one person could not be identified and upon search, from the cartons kept on the motorcycle, 67.500 litres of liquor was recovered.

6. Learned counsel for t

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