JUDGMENT

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

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

3. The petitioner apprehends arrest in connection with Hussainganj PS Case No. 48 of 2020 dated 10.06.2020, instituted under Sections 272 and 273 of the Indian Penal Code and 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that from the joint house of his and his brother, 234 litres of liquor was recovered from near the staircase.

5. Learned counsel for the petitioner submitted that though as per the allegation, the recovery is from the house of the petitioner and his brother, but in the seizure list, it has been shown that the recovery is from the house of his brother, who is also co-accused, and not the petitioner. Learned counsel submitted that the petitioner and his brother are separate as there has been partition between them and the place from where recovery has been made belongs to his brother i.e., co-accused Sanjeet Kumar