IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1498 of 2011 S.K. Shoib @ Md. Shoib Alam, son of Munshi Eshaque, resident of Barchi, P.S.-Araria, District- Araria. ………….Petitioner Versus The State of Bihar ……….Opposite Party ---------------------------------- 3. 15.12.2011 Heard the learned counsel for the petitioner and the learned counsel for the State. I.A. No.2469/2011 at flag ‘A’ has been filed under Section 5 of the Limitation Act for the condonation of delay in filling this revision application. Considering the facts and circumstances, it appears that the delay has been explained properly. The delay is condoned. I.A. No.2469/2011 is allowed. The accused petitioner has preferred this revision application against the judgment and order dated 10.03.2011 passed by the learned Additional Sessions Judge, F.T.C IV, Araria in Cr. Appeal No.11/1995 by which the judgment and order dated 30.03.1995 passed by the learned Sub-Divisional Judicial Magistrate, Araira in Case No. C-68 of 1990, Trial No.337/1985 convicting and sentencing the petitioner to undergo S.I. for one year under 2 Section 379 of the I.P.C. has been confirmed and the appeal has been dismissed. The main contention of the learned counsel for the petitioner is that the occurrence has taken place on 19.10.1990 and the petitioner has been suffering from mental agony. He has also been in custody for about one month. The petitioner has no criminal antecedent. The learned counsel for the State could not controvert the contention of the petitioner. Considering the facts and circumstances stated above, in my opinion, it is a fit case in which the sentence of the petitioner should be reduced/modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.2000/-. The petitioner is directed to deposit a sum of Rs.2000/- in the Nazarat, Civil Court, Araria and file a receipt thereof in the trial court. Thereafter, the petitioner will be released, if not required in any other case. In case the fine is realized, it will be payable to Dorik Lal Rishideo, who is the complainant of the case. With this modification in the sentence, this 3 revision application is dismissed. Let this order be communicated to the trial court through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)