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2021 Supreme(Pat) 386

AHSANUDDIN AMANULLAH
Md Rabbani @ Rabbani – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Uday Kumar, Advocate, Md Arif, Advocate

JUDGMENT

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

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 08.07.2021, which was allowed.

3. Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Nanpur PS Case No. 237 of 2020 dated 28.06.2020, instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act, 1959.

5. The allegation against the petitioner, based on the confessional statement of co-accused Rajkumar Sahni, who was caught by the police along with firearms, is that he was also in the group which was moving in Raepur Bazar with firearms.

6. Learned counsel for the petitioner submitted that the person who was caught has taken the name of the petitioner without there being any connection or any recovery made from his house. Learned counsel submitted that the petitioner has clean antecedent and furthermore, no incident has occurred and before that the police had caught Rajkumar Sahni and it is alleged that two persons, inclu

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