IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.305 of 2010 1. ARJUN CHOUDHARY 2. Manoj Choudhary Versus The STATE OF BIHAR ------ 5/ 07.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that petitioners are convicted and sentenced for three months each for the offence under Section 47A of the Excise Act and three years for the offence under Section 25(1-B)A and 26/35 of the Arms Act along with fine of Rs. 500/- and Rs. 2000 each for both the petitioners and both the sentences were to run concurrently. Now, both the petitioners remained in custody near about a period of six months. So, they have completed the sentence under the Excise Act. They are in custody for the offence under Section 25(1-B)A and 26/35 of the Arms Act in which also a single country made pistol and one live cartridge have been recovered. The incident is of the year 2002. So, the sentence for three years cannot be justified. Considering the same, the revision petitioner is partly allowed and the sentence is modified and minimized to the period of one year. Petitioners are directed to be released after completion of the period of one year subject deposit of fine, if not wanted in any other case. Rest of the Judgment and order dated 30.11.2009 passed 2 by the Additional Sessions Judge, F.T.C.III, Samastipur in Cr. Appeal No. 55 of 2007/106 of 2007 and the order dated 28.06.2007 passed by the J.M., Samastipur in G.R. No. 318 of 2002/T.R. No. 1509 of 2007 are hereby affirmed. Let the order be communicated through F.A.X. at the cost of the petitioners in connection with G.R. No. 318 of 2002/T.R. No. 1509 of 2007 to the Court of J.M., Ist Class, Samastipur. shail (Mandhata Singh, J.)