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2021 Supreme(Pat) 347

AHSANUDDIN AMANULLAH
Pramod Rai – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Abhishek Kumar, Advocate, Md Arif, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Rajepur PS Case No. 18 of 2020 dated 19.02.2020, instituted under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that from his stall (gumti), of eggs and biscuits, when the police on secret information went there, one person fled away from the said stall and on search, five litres of countrymade liquor kept in a gallon was recovered which was seized.

5. Learned counsel for the petitioner submitted that the recovery is not from the house of the petitioner or from his conscious possession and that the said stall does not belong to the petitioner. It was submitted that the petitioner has no concern either with the said stall or the recovered liquor. It was also submitted that the petitioner has no criminal antecedent.

6. Learned APP submitted that f

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