IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1317 of 2010 MANOJ KUMAR @ MANOJ KUMAR SINHA S/O LATE SIDHESHWAR PRASAD --- PETITIONER Versus 1. STATE OF BIHAR 2. AJEET KUMAR S/O LATE S.N.SRIVASTAVA -- OPP. PARTIES. ----------- 03 17.09.2010 Learned counsels for the petitioner and Opposite party no.2 are present. A supplementary affidavit has been filed on behalf of the petitioner. Following facts have been averred therein:- “2.That it is submitted that due to the intervention of the well wishers and relatives the dispute regarding the amount has now been amicably settled between the petitioner and the opposite party no.2 Ajeet Kumar. 3. That in view of the final settlement it has jointly been agreed that the petitioner will pay a sum of Rupees 1,05,000/- only ( rupees one lakh five thousand only) to the opposite party no.2 as full and final settlement of account and accordingly a Bank Draft no. 738450 dated 16.9.2010 of Rs. 40,000/- (b) Bank Draft no. 738451 dated 16.09.2010 of Rs. 40,000/- and Bank draft no. 738452 dated 16.09.2010 of Rupees 25,000/- all drafts drawn at P.N.B. chapra, total Rs. 1,05,000/- only has been handed over to the learned Advocate Sri Nand Kumar Singh today who has been duly authorized by the opposite party no.2 to receive the same. 4. That in view of the settlement and compromise arrived at between the parties, now there remains no dispute between them.” Learned counsel appearing on behalf of the opposite party no.2 also supports the statement made therein. In view of the averments made in the application and also the fact that petitioner has remained in custody for sometime the application is disposed of by modifying the sentence in the following manner:- The sentence awarded under Section 406 of the Penal Code is reduced to the period already undergone by him. The petitioner shall be released from jail custody, if not required in any other case. Let a copy of this order be transmitted to the Court below (Additional Sessions Judge IV, Patna in connection with Cr. Appeal no. 186 of 2008) through FAX at the cost of the petitioner. Sym ( Kishore K. Mandal, J.)