IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.758 of 2010 MUKESH MANJHI @ CHUBI @ CHUHI, S/o Sri Gopi Manjhi, R/o Village – Lotan, P.S. Jamui, District – Jamui ……………….. Petitioner Versus STATE OF BIHAR ………….. Opposite Party ----------- 2/ 19.05.2010 This Cr. Revision has been preferred against the judgment dated 13.4.2010 passed by Additional Sessions Judge, F.T.C. V, Jamui in Cr. Appeal No. 46 of 2008 / Tr. No. 01 of 2009 whereby he dismissed the appeal and affirmed the judgment of conviction and sentence dated 25.11.2008 and 26.11.2008 passed in G.R. Case No. 89 of 2008 / Jamui P.S. Case No. 13 of 2008 by the court of Chief Judicial Magistrate, Jamui whereby and where under the petitioner has been convicted and sentenced to undergo R.I. for three years for the offence under Section 26(1-B)A of Arms Act and also a fine of Rs. 500/- and in default of payment of fine 15 days more punishment. The petitioner has been further also sentenced to undergo R.I. for one year for the offence under Section 26 of the Arms Act and also a fine of Rs. 500/- and in default of payment of fine, 15 days more punishment. Both the sentences shall have to run concurrently. Heard learned counsel for the petitioner and the State. Sentence is pressed only by learned counsel referring recovery of a country made pistol, one live cartridge and two empty cartridges. Petitioner is convicted for the offence under Section 25(1-B)A and 26 Arms Act which is not justified. Considering no other overt act I am also of the view that the 2 period of sentence should be lesser. Accordingly, revision petition is allowed on the point of sentence which is modified and minimized to the period of one year. After completion of one year petitioner shall be released from custody at once, if not wanted in other case, subject to depositing of fine of Rs. 500/- only for both the offences because of the reason that for a single act conviction under both the Sections 25 (1-B)A Arms Act and 26 Arms Act is not justifiable. The revision application is allowed in part on the point of sentence only. The conviction of petitioner is maintained with modification in sentence as mentioned above. Let this order be communicated to the court below through fax at the cost of the petitioner. Praful ( Mandhata Singh, J )