IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.298 of 2011 SUDAMA YADAV @ SUDAMA SINGH …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 02. 11.03.2011 Heard both sides. The petitioner is aggrieved by the order dated 27.01.2011, passed on his appeal being Cr. Appeal No. 32 of 2010, whereby the appeal preferred by the petitioner and others has been rejected affirming the order of conviction and sentence passed by learned Judicial Magistrate, 1st Class, Rohtas at Sasaram in Tr. No. 2212 of 2010. It is submitted that the trial court found and held the petitioner guilty under section 25(I-B)a and 26(i) of the Arms Act and sentenced to undergo R.I. for two years and R.I. for one year respectively. Under both counts, he was also imposed fine having default clause(s). Learned counsel refers to the averment made in paragraph 10 of the memo of revision which reads as under: “That petitioner was arrested by the police on 13.06.2008 and remanded to judicial custody on 16.06.2008 and was never granted bail.” Learned counsel also refers to concluding paragraph no.15 of the appellate court judgment where the aforesaid factum was noticed that the petitioner continued to incarcerate since 16.06.2008. It is contended that the petitioner in view of aforesaid facts has already undergone the period of sentence. It 2 is further submitted that learned appellate court erroneously directed for payment of fine as he would be deemed to have undergone period of sentence which was recorded in default of payment of fine. Learned counsel for the State is not able to support the aforesaid observations made in paragraph 15 of the appellate court judgment. Having regard to the submissions of the petitioner that he has remained in custody since 16.06.2008, this Court while upholding the conviction directs his release from jail custody forthwith, if not required in any other case. Application stands disposed of. hr ( Kishore K. Mandal )