IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.440 of 2010 UDAY YADAV Versus STATE OF BIHAR ----------- 2 31.3.2010 This revision petition has been filed against the judgment and order dated 16.2.2010 passed by Sri A.K.Jain, Sessions Judge, Jehanabad in Criminal Appeal No. 50 of 2008, by which he allowed the appeal in part with modification in sentence awarded under section 25(1-B)a of the Arms Act from two years and six months to one year and fine of Rs. 1000/- by setting aside the conviction and sentence of the petitioner under section 26 of the Arms Act passed by Sri Sanjay Kumar, Judicial Magistrate, 1st Class, Jehanabad in G.R.Case No. 861/2005, Trial No. 1030/2008. Heard learned counsel for the parties. Learned counsel has pressed to minimize only the sentence awarded to the petitioner which is one year and a fine of Rs. 1000/-. One year is the minimum punishment prescribed under the Arms Act. If the petitioner faced prosecution since 2005 and is in custody at present having no criminal antecedent, the fine 2 imposed can only be exonerated to be paid. In the result, this revision application is allowed in part. With modification in fine petitioner shall be released after completing one year in custody. AI ( Mandhata Singh, J.)