IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1519 of 2009 1. VIJAY KUMAR , S/o Late Ram Lakhan Prasad 2. Gajendra Prasad, S/o Late Banwari Singh Both resident of village – Targilr, P.S. – Rajauli, District – Nawadah --- Petitioners Versus STATE OF BIHAR ---- Opposite Party 7/ 19.05.2010 This Cr. Revision has been filed for setting aside the order and judgment dated 15.7.2009 passed by Sri Prabhu Nath singh, Additional District and Sessions Judge, Fast Track Court No. 2, Nawadah in Criminal Appeal No. 26 of 2006 / 10 of 2007 whereby and whereunder the order of conviction dated 14.6.2006 passed by Sailesh Kumar Srivastava, Chief Judicial Magistrate, Nawadah in Trial No. 27 of 2006, G.R. No. 477 of 2001 has been affirmed. Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that sentence is pressed only referring that though firing is also alleged but not corroborated by the Sargent Major who examined the seized arms, otherwise, petitioner no. 1 was found in possession of one country made rifle, one live and two fired cartridges, and one loaded rife, two empty cartridges recovered from petitioner no. 2. On examination country made rifles were established gun having look of rifle only and there was no sign of firing from those arms. Petitioners were apprehended from a cabin and their single act was having in possession of the above arms with cartridges for which petitioner no. 1 remained in custody for a period of 1 year 4 months and 12 days while petitioner no. 2 remained in custody for a period of 1 year 1 month and 12 days. If that is observed sufficient that also may solve the purpose to meet the ends of justice. I agree with the submission of learned counsel. Accordingly the revision application is allowed in part on the point of sentence only which is modified and minimized to the period already undergone by petitioners and the above named petitioners are directed to be released forthwith, if not wanted in any other case. The revision application is allowed in part on the point of sentence only. The conviction of petitioner is maintained with modification in sentence as mentioned above. Let the Lower Court Records be sent back to the court below concerned. Let this order be communicated to the court below through fax at the cost of the petitioners. Praful ( Mandhata Singh , J. )