IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1517 of 2009 DASHRATH PRASAD SAH son of Chhathu Sah, resident of Vill.-Anaith, P.S.- Ara Nawada, Distt.-Bhojpur ---------------------------Petitioner. Versus STATE OF BIHAR . ----------- For the Petitioner : Mr. Lov Kush Kumar, Adv. For the State : Mrs. Indu Bala Pandey, A.P.P. ------------ 3. 10.12.2009 Heard the parties. Infirmities indicating seizure list witnesses’ evidence not corroborating seizure in their presence including recovery though submitted but learned counsel for the petitioner emphasized much on the point of sentence that petitioner remained in custody for a period of more than eleven months while at trial and surrendered before filing this revision petition since 28.7.2009 which is approximately the period for which he is sentenced only few days are left. Incident is of the year 2001 and there is no criminal antecedent of the petitioner justifying minimizing the period undergone by the petitioner. This revision application is partly allowed on the point of sentence which is minimized to the period undergone and conviction is affirmed. Petitioner, who is an accused in connection with G.R. no.53 of 2001/Tr. No.74 of 2006, is directed to be released forthwith, if not wanted in any other case. Let this order be sent through fax to the court below, i.e., Railway Judicial Magistrate, Ara, Bhojpur, at the cost of the petitioner. Sudip ( Mandhata Singh,J )