IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1905 of 2009 1. WAKIL KUMAR @ WAKIL RAM S/O DULO DAS R/O VILL.- AKANIA ROAD MANSI, P.S.- CHAUTHAM (MANSI), DISTT.- KHAGARIA---------------------------------------------------Petitioner. Versus 1. THE STATE OF BIHAR -------------Opp. Party. --------------- 4. 18.2.2010 Heard the parties. This revision application has been filed against the order dated 14.9.2009 passed in Cr. Appeal no.16 of 2007 whereby and whereunder the judgment and sentence passed in G.R. no.1196 of 2005, T.R. no.1373 of 2007 has been confirmed. Petitioner is convicted for recovery of one country made loaded pistol and three live cartridges along with churner which is confirmed by the appellate court also and sentenced for three years Rigorous Imprisonment and fine of Rs.1000/- and in default further sentence for simple imprisonment of one month. Learned counsel for the petitioner has pressed this application on the point of sentence only. He submits that petitioner is in custody since 2.11.2009 till today. As such, period of custody of the petitioner can be observed sufficient towards his sentence. In my view also, by minimizing the period of sentence, period of custody of the petitioner can be observed sufficient towards his sentence. The discussed and suggested circumstance entitle petitioner for modification on the point of sentence. The revision application is partly allowed on the point of sentence by minimizing the period of sentence to the period undergone by the petitioner in custody exonerated from the liability of - 2 - fine and judgment and order passed by the court below is affirmed for the rest. Petitioner, who is an accused in G.R. no.1196/05, T.R. no.1373/07, be released forthwith from custody , if not wanted in any other case. Let this order be communicated through fax at the cost of the petitioner. Sudip ( Mandhata Singh, J.)