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2021 Supreme(Pat) 255

AHSANUDDIN AMANULLAH
Bhikhari Sahani – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Dhannjay Kumar, Advocate, Sanjay Kumar, Advocate

JUDGMENT

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

2. Heard Mr. Dhannjay Kumar No. 2, learned counsel for the petitioner and Mr. Sanjay Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Sugauli PS Case No. 306 of 2019 dated 20.07.2019, instituted under Sections 272, 273/34 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 when police on informantion that one person was selling liquor on a motorcycle went to the spot, a person left the motorcycle and ran away and on search, about 30 litres of countrymade liquor was recovered and the villagers who had gathered informed that the petitioner used to sell liquor in the village on the motorcycle.

5. Learned counsel for the petitioner submitted that the motorcycle does not belong to him and that there is no disclosure as to who identified the petitioner as the person who was ridding the motorcycle or used to sell the liquor on the same. It was submitted that neither the motorcycle nor the li

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