IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.230 of 2010 DINESH CHOUDHARY Versus STATE OF BIHAR ----------- 2 23.2.2010 This criminal revision application is filed against the judgment and order dated 10.12.2009 passed by Sri Binay Kumar Singh, Additional Sessions Judge, 3rd, Gopalganj in Cr.Appeal no. 21 of 2009 by which he dismissed the appeal and affirmed the judgment of conviction and order of sentence dated 23.3.2009 passed by Sri Mritunjay Singh, Judicial Magistrate, 1st Class, Gopalganj in G.R.No. 1209 of 2008/Tr.No. 2672 of 2009 whereby he convicted the petitioner under sections 25(1-b)A and 26 of the Arms Act and sentenced to undergo R.I. for two years with a fine of Rs. 1000/- failing which to undergo further simple imprisonment for six months under each count. Both the sentences have been directed to run concurrently and the period spent in custody during the trial has been subjected to rule of set off. Heard learned counsel for the parties. This revision application is pressed on the point of sentence only on the ground that the petitioner has served the maximum period of 2 sentence. Few months are there in its completion as the petitioner is in custody since 13.6.2008, so the sentence may be minimized to the period undergone. Agreeing with submission of learned counsel, this revision application is partly allowed on the point of sentence which is modified and minimized to the period undergone by the petitioner. The conviction of the petitioner passed by the impugned judgment and order is maintained. Let this order be communicated to the court of Sri Mritunjay Singh, Judicial Magistrate, 1st Class, Gopalganj in G.R.No. 1209 of 2008/Tr.No. 2672 of 2009 through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)