IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.23 of 2010 NAVIN PASWAN,son of Dhaneshwar Paswan, resident of village- Mathurapur,P.S.- Khagaria,Dist.-Khagaria. Versus THE STATE OF BIHAR ----------- 02/ 08-01-2010 Heard learned counsel for the petitioner and the State. This revision application has been filed against the judgment dated 08-12-2009 passed by the Sessions Judge, Khagaria in Cr.Appeal No.25 of 2009/26 of 2009, by which he has dismissed the appeal confirming the judgment and order dated 24-08-2009 passed by the S.D.J.M.,Khagaria in G.R.No.469 of 2004, Tr.No.3671 of 2009, whereby he had convicted the petitioner and awarded him sentence under Section 394 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years with fine of rupees five thousand and in default of payment of fine he is further directed to undergo simple imprisonment for three months. Allegation in brief is about loot of a Motor cycle by three unknown criminals. In course of investigation petitioner’s name surfaced as one of the culprits. Submission of the learned counsel for the petitioner is that though infirmities are there to reach the conviction but after remaining in custody since 15-05-2007 for a period of near about 2 years and 8 months petitioner prefers to press the revision on the point of sentence only on the simple ground that just after his surrender in the case he remained in custody all along in course of trial, appeal and this revision also. So the period undergone may be observed sufficient towards the sentence that appears convincing. 2 Convincing the submission of the learned counsel for the petitioner the sentence awarded to the petitioner is reduced and modified to the period undergone by this petitioner even exonerating the liability of fine. In the result, this revision application is dismissed with such modification in sentence affirming the conviction. As the above named petitioner is in custody, he is directed to be released forthwith, if not required in any other case. Let the order be communicated to the concerned court below through fax at the cost of the petitioner. AH/ ( Mandhata Singh, J. )