IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1612 of 2009 SANJEET KUMAR SAHNI @ SANJEET SAHNI @ GABBAR SAHNI,son of Vishwanath Sahni, resident of village-Harpur Vindi,P.S.-Tajpur, District- Samastipur. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Ashutosh Kumar, Advocate. For the State : Mr. Gopesh Kumar,APP ----------- 03/ 16-11-2009 Heard learned counsel for the petitioner and the State. This revision application has been directed against the judgment dated 05-09-2009 passed by the Sessions Judge, Samastipur in Cr.Appeal No.59 of 2009, by which he has dismissed the appeal affirming the judgment of conviction and order of sentence dated 03- 08-2009 passed by the Judicial Magistrate, Ist Class, Samastipur in Tajpur P.S.Case No.377 of 2008 (T.R.No.2884 of 2009) in which petitioner was held guilty under Section 414 of the Penal Code and sentenced him to undergo rigorous imprisonment for three years and a fine of rupees five hundred (Rs.500/-) and in default of payment of fine simple imprisonment for 15 days. It is a simple case of seizure of a Motor cycle without any paper while submission of the learned counsel for the petitioner is that investigating or prosecuting agency failed to connect the Motor cycle as one of the stolen properties of a reported case of theft of Motor cycle, for which he remained in custody since 21.11.2008, which according to the learned counsel for the petitioner is sufficient towards sentence to meet the ends of justice. The petitioner is the first offender. 2 Taking that into consideration this revision application is partly allowed on the point of sentence, which is reduced to the period undergone, while conviction is affirmed. Fine, if any, will be realized. As the petitioner Sanjeet Kumar Sahni alias Sanjeet Sahni alias Gabbar Sahni is in jail, he is directed to be released forthwith if not required in any other case on payment of fine if any. Let the order be communicated through fax at the cost of the petitioner. AH/ ( Mandhata Singh, J. )