IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.280 of 2010 NANDAN PRASAD SINGH Versus STATE OF BIHAR ----------- 3 31.3.2010 This revision application has been filed for setting aside the judgment and order dated 7.12.2009 passed in Criminal Appeal No.24 of 2008 by Sessions Judge, Khagaria, by which he dismissed the appeal and affirmed the judgment and order dated 22.5.2008 passed by Sri Ambrish Kumar Tiwari, Sub-Divisional Judicial Magistrate, Khagaria in G.R.Case no. 388/1999 whereby he convicted the petitioner under sections 25(1-B)a and 26(1) of the Arms Act and sentenced to undergo R.I. for three years as well as fine of Rs. 2000 and in default to undergo additional imprisonment of three months each independently under both count and further directed the sentences to run concurrently. Heard learned counsel for the parties. The submission of learned counsel for the petitioner is that prosecution is of the year 1999. There is single recovery of country made pistol and cartridge that also from beneath the Chowki for which the petitioner remained in custody for about seven months during trial and after conviction since 18.1.2010 till today. 2 Learned counsel for the petitioner is pressing this revision on the point of sentence only on the ground that the petitioner remained in custody for sufficient period. So the sentenced may be modified and minimized. Circumstances pointed out by learned counsel, entitle the petitioner for liberal view but not less than minimum period of one year as laid down by the legislation. In the result, this revision application is allowed in part on the point of sentence only which is minimized to one year from three years exonerating the liability of fine imposed by the court below. The conviction of the petitioner is maintained with modification in sentence as mentioned above. The petitioner shall be released after completing one year in custody. Let the lower court record be sent to the court below forthwith. AI ( Mandhata Singh, J.)