IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1611 of 2009 BHUNESHWAR @ MUNESHWAR SHARMA @ BHOLA SHARMA Versus The STATE OF BIHAR ----------- 3/ 30.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that infirmities are there on the point of conviction for accusation made against this petitioner, as some house hold articles and ornaments were recovered from petitioner’s possession showing them stolen, while all the articles were in petitioner’s use after purchase and receipt were also available and produced. However, at this stage when petitioner remained in custody for the period of more than 10 months, he prefers to press the sentence only and on that point, his submission is that for such weak evidence, he remained in custody in course of trial since 18.10.2005 to 25.05.2006 and 7.10.2009 till today. So, that can be observed sufficient towards sentence. I agree with the submission advanced by the learned counsel for the petitioner. Accordingly, sentence is reduced to the period undergone and the petitioner is directed to release forthwith in connection with Trial No.931 of 2009 and G.R. No. 3253 of 2005 in the Court of J.M., Ist Class, Hajipur (Cr. Appeal No. 38 of 2009). With such modification, the revision petition is 2 partly allowed on the point of sentence only which is minimized to the period undergone and the conviction is affirmed. Let the order be communicated through F.A.X. at the cost of the petitioner in the Court of J.M. Ist Class, Hajipur in connection with G.R. No. 3253 of 2005 and Trial No. 931 of 2009. Learned counsel for the petitioner seeks permission to make necessary correction in the revision petition. Such permission is granted. shail ( Mandhata Singh, J.)