IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1370 of 2010 BHOGENDRA YADAV SON OF BAL DEO YADAV, @ RAM UDGAR YADAV, R/O- VILLAGE CHHATAUNI, P.S.- BASOPATTI, DISTRICT- MADHUBANI. Versus THE STATE OF BIHAR For the petitioner :Mr. Gagandeo Yadav, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 2 12.10.2010 Heard both sides. Petitioner is aggrieved by the order dated 9.7.2010 passed by learned Addl. Sessions Judge, F.T.C.-III, Madhubani in Cr. Appeal no. 10/99/74/08 whereby the appeal of the petitioner has been dismissed and the judgment and order of conviction dated 25.1.1999 recorded by learned Trial Court in Tr. No. 315 of 1999 has been affirmed. Petitioner was held guilty under Section 25(1-B)(a) and 26 of the Arms Act and sentenced to undergo rigorous imprisonments for 01 year and 02 years respectively. The occurrence had taken place on 6.8.1996. Learned counsel submits that the petitioner has remained in custody for about 20 months. It is pointed out from the trial court’s judgment that he has been found to be a first offender. At the time of conviction, he was found aged about 30 years. He had to fight the trial for about 04 years. In view of these facts emanating from the record, it is contended that the petitioner deserves a lesser quantum of sentence. It is the stand of the petitioner that the accused-petitioner has remained in custody close to 20 months. Having considered the submissions advanced on 2 behalf of the parties, this Court is satisfied that a lesser punishment would sub-serve the cause of justice. Accordingly, while upholding the conviction, the sentence awarded under Section 26 of the Arms Act is reduced to rigorous imprisonment for 20 months only. Other part/condition of the sentence shall remain untouched. With this modification in sentence, the application is dismissed. pkj ( Kishore K. Mandal, J. )