IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1172 of 2011 Sanjay Ram, son of Late Ram Kawal Ram, resident of villalge-Baraki Kathar, P.S.-Krishan Braham, District- Buxar. …….Petitioner Versus The State of Bihar ….Opposite Party. ----------- 4. 21.09.2011 I.A.No.1988/2011 at flag ‘A’ has been filed under Section 5 of the Limitation Act for condoning the delay in filing this revision application. Heard Mr. Arun Kumar Gupta, the learned counsel for the petitioner and Mrs. I.B.Pandey, the learned A.P.P. for the State. It appears that the delay in filing this revision application has been properly explained. The delay is condoned. I.A.No.1988/2011 stands allowed. The accused-petitioner has preferred this revision application against the judgment and order dated 25.03.2011 passed by the learned Additional Sessions Judge, F.T.C.V, Buxar in Criminal Appeal No.21/09 by which the judgment of conviction and sentence dated 16.03.2009 passed by the learned Judicial Magistrate, Ist Class, Buxar in Case No.10 (0)/07, Trial No.372/09 has 2 been confirmed and the appeal has been dismissed. The learned counsel for the petitioner submits that this revision application may be disposed of at the time of admission itself. The learned A.P.P. for the State has got no objection. The prosecution case, in brief, is that on 30.05.2007 at about 4.00 P.M., after getting secret information, the police party searched the house of the petitioner and recovered ten liters country made liquor in one plastic Jarkin and also 50 K.G. Jawa Mahua for preparation of country made liquor. The learned counsel for the petitioner submits that the occurrence has taken place on 30.05.2007 and the petitioner has been suffering from mental agony for more than four years and also remained in custody for about four months. He further submits that the petitioner has got no criminal antecedent. The leaned counsel for the State could not controvert the contention of the learned counsel for the petitioner. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears 3 that the petitioner has been convicted and sentenced to undergo simple imprisonment for one year and fine of Rs.500/- and in default of non-payment of fine, to undergo further simple imprisonment for 15 days for the offence punishable under Section 47 (a) of Bihar Excise Act. It further appears that there is no criminal antecedent against the petitioner and the petitioner has been suffering from mental agony for more than four years. It is fit case in which the sentence of the petitioner should be modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody. With this modification in the sentence, this revision application is dismissed. The petitioner is directed to be released from custody forthwith, if not required in any other case. Let this order be communicated to the learned trial court through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)