Criminal Appeal (SJ) No. 137 OF 2007 Against the judgment and order dated 16.12.2006 passed by Sri Thakur Prasad Singh, Additional District Judge, F.T.C.-V, Nalanda at Biharsharif in S.Tr. No. 486 of 2006. ************ Md. Surkhab @ Surkhab @ Bikki, S/o Md. Asgar, resident of Mohalla Khankah, Police Station- Laheri, District-Nalanda. ……(Appellant) Versus THE STATE OF BIHAR-------(Opposite Party) ************* For the Appellant : Mr. Arbind Kumar, Adv. : Mr. Raj Kishore Prasad, Adv. For the State : Ms. Gulnar Begum, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under 402 IPC and sentenced to RI for five years as also under Section 25(1-B) A of the Arms Act and also sentenced to RI for five years by the Additional District Judge, F.T.C.- V, Nalanda at Biharsharif in S.Tr. No. 486 of 2006 by a judgment dated 16.12.2006. 2. The case of the prosecution according to P.W. 1, the informant is that on 08.12.2005 while he was on patrolling duty the appellant was arrested along with the co-accused persons and from the possession of the appellant one country-made pistol and three cartridges were recovered. 3. During trial the prosecution in all examined six witnesses out of whom P.W. 1 is the 2 informant whereas P.W. 2, P.W. 3 and P.W. 4 are corroborative witnesses and P.W. 6 is the Investigating Officer. 4. From the evidence of these witnesses it appears that there is no doubt that arms were recovered from the possession of the appellant which was found effective by P.W. 5 and, therefore, finding no merit in the appeal, the same is dismissed. 5. However, since the appellant has remained in custody for about three years the sentence is modified to the one that has already undergone by him during trial. 6. With these modifications in sentence, the appeal is dismissed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 27th June, 2011. NAFR/Vikash/-