JUDGMENT

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

2. Heard Mr. Bhavesh Kumar, 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 Ahiyapur PS Case No. 39 of 2020 dated 09.01.2020, instituted under Sections 272, 273 of the Indian Penal Code and 30(a), 36, 38 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that upon information when the police went to the spot, from bamboo clump of co-accused, Chandan Sahani, three persons were seen sitting and talking and on seeing the police, they managed to escape and from the spot 350.475 litres foreign liquor was recovered and the villagers, who had assembled, informed that the petitioner was also engaged along with Chandan Sahani and others in liquor trade.

5. Learned counsel for the petitioner submitted that he has no criminal antecedent and the recovery is not from his house and, thus, the same cannot be connected to him and further, that as per the allegation itself, the villagers h