IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1072 of 2010 BABLOO VISHWAKARMA S/O YOGENDRA VISHWAKARMA Versus STATE OF BIHAR ----------- 02 26.07.2010 Heard both sides. Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties the present revision application is being disposed of at this stage itself. Petitioner was made accused in a case instituted under Section 414 of the Penal Code. It appears from the record that the house of the petitioner was searched. Two motorcycles concealed in gunny bag were recovered. Petitioner was not able to furnish satisfactory reply regarding the presence of those motorcycles in his house in the said condition. Documents were also not produced by the petitioner. Accordingly, he was charged under Section 414 of the Penal Code. It appears that at the trial he made statement under Section 281 (2) of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’). In his statement he confessed the guilt. Accordingly he has been held guilty and sentenced to undergo S.I. for two years and six months besides imposition of fine of Rs. 5000/- with default clause(s). Appeal of the petitioner being Cr. Appeal no. 45 of 2010 failed. Hence the present application. It is submitted that maximum sentence to be awarded under Section 414 of the Penal Code is 03 years. Petitioner had 2 made a confession accepting guilt in terms of Section 281(2) of the Code. Learned counsel for the petitioner submits that petitioner definitely graduates for lesser punishment as, considering the evidence available against him, he confessed the guilt and thereby did not waste the valuable court’s time. It is next contended that petitioner has not been found to be convicted on any previous occasion. Having regard to the aforesaid aspects of the matter, this Court is satisfied that a lesser punishment shall sub serve the cause of justice in the present case. Accordingly, sentence(s) of S.I. for 02 years and six months awarded under Section 414 of the Penal Code is reduced to S.I. for 18 months. It is made clear that other part(s)/condition(s) of sentence(s) has not been altered/touched. With this modification in sentence(s) only, the application is dismissed. Sym ( Kishore K. Mandal, J.)