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2021 Supreme(Pat) 345

AHSANUDDIN AMANULLAH
Suman Devi @ Suvan Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Ravindra Kumar Sinha, Advocate, Amitesh Kumar, 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 28.06.2021, which was allowed.

3. Heard Mr. Ravindra Kumar Sinha, learned counsel for the petitioner and Mr. Amitesh Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Magadh Medical PS Case No. 09 of 2021 dated 07.01.2021, instituted under Sections 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 police went for a raid, she was seen running out from her house and from her house, in 7 plastic bottles, 12 litres of countrymade mahua wine was recovered.

6. Learned counsel for the petitioner submitted that she is a lady and was not caught in the house. It was submitted that in the house nobody was found and there is no independent seizure list witness as the witnesses are two police personnel. Learned counsel submitted that the petitioner also does not have any other criminal antecedent. It was

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