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2014 Supreme(Pat) 901

GOPAL PRASAD
Pramod Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Akhileshwar Prasad Singh, Anita Kumari Singh, Bimal Kumar, Akhilesh Anand.
For the State : Mr. Binod Bihari Singh.

GOPAL PRASAD, J.:–Heard the learned counsel for the appellant and the State.

2. The appellant has been convicted under Sections 25(1-A) of the Arms Act and has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.10,000/- for the keeping the un-prohibited arm.

3. The prosecution case, as alleged by the informant in his self statement that on secret information by the members of a team of Special Task Force, Bihar, that in village Rampur Khaira, one Pramod Rai has kept and concealed illegal arm and he recorded a sanha no. 298 and for verification of sanha report, the informant, along with Sanjay Kumar Gaur, Vijay Kumar Singh, armed force and Special Task Force team proceeded to village Rampur Khairi and reached at about 02.30 a.m. and surrounded the house of Pramod Rai and in presence of two independent witnesses, Ram Prasad Rai and Ram Pravesh Rai raided the house of Pramod Rai and following the norms of search and seizure, one person was found sleeping in a room and when the person got up he tried to fleeing away, was apprehended by police party and under his bed a black coloured arms with magazine and one empty magazine were seized. The arms, seized, id


















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