Heard Mr.Arvind Kumar Singh, learned counsel for
the petitioner and Mr.Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sultanganj P.S.Case No.163 of 2020,FIR dated
10.06.2020 registered for the offences punishable under Section
30(a) of Bihar Prohibition and Excise Act and Sections 224,
225, 353, 34 of IPC.
3. Recovery is of 5.25 liters of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. It appears from the FIR as
Patna High Court CR. MISC. No.27902 of 2025(2) dt.16-06-2025
well as seizure list that nothing has been recovered from
conscious possession of the petiitoner rather the recovery has
been made from the house of co-accused person, namely, Jinnah
and allegation against the petitioner is that he stopped the police
personnel for arresting the co-accused person, namely, Jinnah
alongwith other co-accused persons. There is non-compliance
with mandatory procedure prescribed for recovery under Section
100 of Cr.P.C./Section 103 of BNSS, 2023. No case,
whatsoever, would be made out against the petitioner under the
Bihar Prohibition and Excise Act.