of the present petitioner has been added in the present case merely on suspicion on account of one old case of similar nature instituted in 2017 and in that case he is on bail. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Learned counsel further submits that petitioner was not present at the place of occurrence. On the statement of near by people, the name of present petitioner has been transpired in this case but name of that person, who has disclosed the name of present petitioner and others, is not mentioned in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The place from where recovery has been made is an abandon place which is accessible to all. Seizure list witnesses are the members of raiding party. There is violation of Section 100 Cr.P.C. Petitioner has no concern with the recovered liquor. Learned counsel further submits that in the light of aforesaid facts and circumstances of the case, no offence under the provisions of Bihar Prohibition and Excise Act is made out against the petitioner.
