IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1474 of 2011 Lalu Prasad @ Lalu Paswan, S/O Ramasish Prasad, Resident of Village and P.S.- Kochas, Distt.- Rohtas. ………….Petitioner Versus The State of Bihar ……Opposite Party ---------------------------------- 3. 21.12.2011 The learned counsel for the petitioner submits that vide order dated 17.12.2011, the lower court records were called for, which has not yet been received and the petitioner has been sentenced to undergo imprisonment for three months by the learned appellate court and the petitioner has been in custody for the last one month i.e. 21.11.2011 and this revision application itself may be disposed of at this stage. Mr. A.M.P. Mehta, the learned counsel for the State has got no objection. The accused petitioner has preferred this revision application against the judgment and order dated 26.09.2011 passed by the learned 6th Additional Sessions Judge, Rohtas at Sasaram in Cr. Appeal No.76/2007, Trial No.3/2010 by which the judgment and order dated 23.08.2007 passed by the learned trial court has been 2 confirmed with modification in the sentence and the appeal has been dismissed. It appears that the petitioner has been found guilty by the learned trial codurt as well as by the learned appellate court under Section 47 A of the Excise Act and he has been sentenced to imprisonment for three months by the learned appellate court. It further appears that the occurrence has taken place more than 7 years ago and the petitioner has been suffering from metnal agony. It appears that the petitioner has remained in custody for more than one month. He has no criminal antecedent. Considering the facts and circumstances stated above, in my opinion, it is a fit case in which the sentence of the petitioner should be reduced/modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.1000/-. The petitioner is directed to deposit a sum of Rs.1000/- in the trial court and file a receipt thereof. Thereafter, the petitioner will be released from custody, if 3 not required in any other case. With this modification in the sentence, this revision application stands disposed of. Let this order be communicated to the court below through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)