IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.201 of 2010 KAILASH TURI son of late Bajo Turi resident of vill.-Lohjara, P.S.-Jhajha, District.-Jamui --------------Appellant. Versus STATE OF BIHAR ----------- 2. 12.3.2010 Heard. The appeal is heard on its merit after admitting the same on the point of sentence for which submission of the learned counsel for the appellant is that appellant is sentenced ten years each for the offence under sections ¾ of the Explosive Substance Act, seven years for the offence under section 325 of the Indian Penal Code, two years under section 224 of the Indian Penal Code and one year under section 120B of the Indian Penal Code. All the sentences are ordered to be run concurrently and appellant remained in custody for a period of more than 7 ½ years and he was remanded in custody on 29.8.2002 though it was a case of escape from jail custody but appellant remained in custody for the whole period during his trial and is acquitted for the offence under sections 324, 325 and 307 of the Indian Penal Code. So even after taking vehement opposition of the State I am of the view that the period undergone by the appellant is justified to be observed sufficient towards his sentence. The appeal is allowed partly on the point of sentence only and rest of the conviction and sentence awarded by the court below are confirmed. The period undergone by the appellant is sufficient towards his sentence. The appellant, who is accused in Sessions Trial no.225 of - 2 - 2005 be released forthwith if not wanted in any other case. Let this order be communicated through fax at the cost of the petitioner. Sudip ( Mandhata Singh, J. )