IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.613 of 2009 ASHUTOSH KUMAR CHOUDHARY SON OF RAMESH PRASAD CHOUDHARY, RESIDENT OF VILLAGE-ARNAHA, P.S. KISHANPUR, DISTRICT SUPAUL …Petitioner Versus THE STATE OF BIHAR …Opposite party 2 9.4.2009 KHAN The petitioner has preferred this revision application against the order dated 28.2.2009 passed by the Additional Sessions Judge, F.T.C.III, Supaul in Cr. Appeal No.25 of 2008 whereby he set aside the conviction under section 392 of the Penal Code passed by the Judicial Magistrate Ist Class, Supaul in G.R.No.495 of 2007 arising out of Pipra P.S. Case No.34 of 2007. However, learned Appellate Court upheld the conviction under section 411 of the Penal Code and sentenced him to one year imprisonment. Learned counsel for the petitioner submits that as against the total sentence of one year awarded to the petitioner, he has remained in custody for one year ten months. It appears that both the courts have upheld the charge under section 411 of the Penal Code. In the circumstances, this court does not find any reason to differ with the same. In view of the fact that the petitioner has remained in custody ten months more than the quantum of punishment awarded to him, this court directs that the petitioner be released forthwith, if not wanted in any other case. With the aforesaid observation and direction, this application stands disposed of. (S.P.Singh,J) 2