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 06.07.2021, which was allowed.

3. Heard Mr. Nasrul Hoda Khan, 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 Kawakole PS Case No. 281 of 2020 dated 17.08.2020, 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 from his house when police on information went there, two people were seen running away and from the house, 3 litres of countrymade liquor was recovered.

6. Learned counsel for the petitioner submitted that the recovery is not from the area which was in the exclusive possession of the petitioner and further, it is not from the conscious possession of the petitioner. Learned counsel submitted that the petitioner has no connection with the recovered liquor and even the allegation of recovery is not corre