IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.44 of 2010 RAMASHISH PASWAN, S/o late Jhapsi Paswan, R/o Vill. Amera Kharjama, P.S. Tharthari (Chandi), Dist. Nalanda. Versus 1. THE STATE OF BIHAR 2. Musaphir Paswan, S/o Dayali Paswan ------ 4/ 16.02.2010 Heard learned counsel for the petitioner and learned counsel for the Opposite Parties. This revision application is directed against the Judgment and Order dated 08.06.1992 and 09.06.1992 passed by the 2nd Assistant Sessions Judge, Nalanda at Bihar Sharif in S.T. No. 395 of 1987/39 of 1988 whereby and whereunder the petitioner has been convicted for the offence under Section 307 I.P.C. and sentenced to undergo R.I. for seven years and R.I. for three years under Section 27 of the Arms Act and the Judgment and order dated 26.07.2003 passed by the Addl. Sessions Judge, 3rd Nalanda at Bihar Sharif in Cr. Appeal No. 64 of 1992 whereby and whereunder the judgment and order has been upheld. Submission of the learned counsel for the petitioner is that the co-accused person namely, Surendra Paswan, having similar allegations, evidence and remaining in custody from 25.06.1987 to 19.08.1988 and 16.04.2004 to 03.09.2009, has already been released observing the period undergone sufficient towards sentence. So, petitioner is also entitled for same treatment. I am also of the opinion that the above discussed circumstances justify same liberty to the petitioner. The petitioner remained in custody from 25.06.1987 to 19.08.1988 and from 2 24.01.2009 till date near about the same period is ordered to be sentenced for the period undergone. Accordingly, the revision application is partly allowed on the point of sentence. The Judgment and Order passed by both the Courts below is hereby affirmed. The period of sentence is reduced to the period already undergone by the petitioner and the above named petitioner is directed to be released forthwith, if not wanted in other case. Let the order be communicated through F.A.X. at the cost of the petitioner in the Court of 2nd Assistant Sessions Judge, Nalanda at Bihar Sharif in connection with S.T. No. 395 of 1987/39 of 1988. shail (Mandhata Singh, J.)