IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1362 of 2009 MD. IJHAR.son of Hafijul, resident of village-Mesaulgot,P.S.-Sitamarhi,District- Sitamarhi. Versus THE STATE OF BIHAR ----------- 05/ 11-01-2010 Heard learned counsel for the petitioner and the State. This revision application has been filed against the judgment dated 30-06-2009 passed by the Ist Additional Sessions Judge, Sitamarhi in Criminal Appeal No.63 of 2007, by which he has dismissed the appeal confirming the judgment and order dated 12-09- 2007 passed by the Judicial Magistrate, Ist Class, Pupri at Sitamarhi in G.R.No.253/2000, Tr.No.378 of 2007, whereby he had convicted the petitioner and awarded him sentence under Section 25(1-B)a of the Arms Act and directed to undergo rigorous imprisonment for two years with fine of rupees one thousand and in default of payment of fine he is further directed to undergo simple imprisonment for three months. Petitioner was arrested from a toddy shop and on search a loaded country made pistol was also recovered, for which submission of the learned counsel for the petitioner is that in a simple case of having country made pistol petitioner remained in custody for a period near about one year. So, the period undergone may be observed sufficient towards the sentence, that appears convincing. Convincing the submission of the learned counsel for the petitioner the sentence awarded to the petitioner is reduced and modified to the period undergone by this petitioner. In the result, this revision application is dismissed with 2 such modification in sentence affirming the conviction. Petitioner is not exempted from paying fine of rupees one thousand. As the petitioner is in custody, he is directed to be released forthwith, if not required in any other case, on deposit of fine. If fine is not deposited, petitioner is directed to undergo simple imprisonment of fifteen days. Let the order be communicated to the concerned court below through fax at the cost of the petitioner. AH/ ( Mandhata Singh, J. )