IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1191 of 2009 UMESH SINGH @ PATHAL SINGH, S/o Yaddu Singh, R/v. Pachma, P.S. Korna, District-Katihar Versus The STATE OF BIHAR ------ 7/ 21.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the case one country made gun of 12 bore and a belt of cartridges were recovered from the possession of the petitioner. Infirmities that pointed out are of non-examination of the I.O., independent seizure list witnesses and examination of police officials only. Even then sentence is stressed referring petitioner’s conviction from 05.11.1991 to 29.12.1992, 24.11.2008 to 12.01.2009 and since 04.05.2009 till today for the purpose that can be observed towards punishment. According to the learned counsel, petitioner faced prosecution for a period of twelve years. Keeping in view the nature of the weapon recovered followed by non-action and no overt act and seizure, if any, is made that is in the year 1991. I agree with the submission advanced by the learned counsel for the petitioner. Petitioner is directed to be released forthwith. Accordingly, the revision petition is partly allowed on the point of sentence that is modified and minimized to the period already undergone with such modification the Judgment and order dated 08.04.2009 passed by the Sessions Judge, Katihar in Cr. 2 Appeal No. 57 of 2006 and the Judgment and order dated 27.06.2006 passed by the J.M., Ist Class, Katihar in Korha P.S. Case No. 214 of 1991, corresponding to G.R. Case No. 2393 of 1991 (T.R. No. 399 of 2006) are hereby affirmed. Let the order be communicated to the trial court through F.A.X. at the cost of the petitioners. shail (Mandhata Singh, J.)