IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.643 of 2009 MANOJ PASWAN Versus STATE OF BIHAR ----------- 3 18.4.2009 The instant revision application has been preferred against the order dated 29.11.2008 passed by the Sessions Judge, Gaya in Cr.Appeal No.133 of 2008 by which he has acquitted the petitioner under section 26(1) of the Arms Act while convicting him under section 25(1-B) A of the Arms Act and reduced the sentence of 2 1/2 years awarded by the trial court to one year. It is alleged that one country made pistol and cartridges were recovered from the beneath the cot of the petitioner. Learned counsel for the petitioner submits that the seizure list witnesses have not been examined and the official witnesses have not supported the prosecution case. The trial court as well as the Appellate Court did not find any material infirmity in the deposition of the prosecution witness. This court also does not have any reason to disbelieve the prosecution evidence and as such this court uphold the judgment of conviction passed by the trial court and affirmed by the appellate court. In view of the fact that the petitioner has remained in custody for 8 1/2 months, I am of the opinion that the period under gone would be sufficient to meet the sentence under section 25(1- B)A of the Arms Act. In the circumstances, the petitioner is directed 2 KHAN to be released forthwith, if not wanted in any other case. In the result, this revision application is dismissed with the modification in sentence. Let this order be communicated to the Sessions Judge, Gaya through fax at the cost of the petitioner. (S.P.Singh,J)