IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.696 of 2010 1. BALESHWAR RAI, S/o Sukhdeo Rai, R/o Vill. Sahpur, P.S. Sahpur, Dist. Patna. 2. Pintu Kumar Yadav @ Pintu, S/o Birendra Yadav, R/o Vill. Chitkohara Shivpuri, P.s. Gardanibagh, Dist. Patna. Versus The STATE OF BIHAR ----------- 2/ 12.05.2010 Heard learned counsel for the petitioners and learned counsel for the State. The revision application is filed against the Judgment and order dated 01.04.2010 passed by the learned Additional District and Sessions Judge, 2nd Katihar in Cr. Appeal No. 49 of 2009/17 of 2009 whereby and whereunder the Judgment dated 04.09.2009 passed by the Judicial Magistrate, Ist Class, Katihar has been affirmed. Sentence is only pressed for liberal view referring petitioners, driver and khalasi of Pickup Van, having no knowledge of contains in cartoon, liability has been fixed upon the owner also. Petitioners faced trial and thereafter, came in appeal and now, after surrender in revision that also can be taken part of sentence. However, they remained in custody for a period of more than five months and they are first offenders also. I agree with the submission of the 2 learned counsel for the petitioners. Accordingly, the revision application is partly allowed on the point of sentence. That is minimized and modified to the period already undergone by the petitioners. Accordingly, the above named petitioners are directed to be released forthwith subject to payment of fine, if not wanted in any other case. Rest of the Judgment and order dated 01.04.2010 passed by the Additional District and Sessions Judge, 2nd Katihar in Cr. Appeal NO. 49 of 2009/17 of 2009 and the order dated 04.09.2009 passed by the J.M., Ist Class, Katihar are hereby affirmed. Shail ( Mandhata Singh, J.)