IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.146 of 2010 BHOLA SAH Versus STATE OF BIHAR ----------- For the petitioner: Mr. Mukesh Kr. Singh For the State: Mr. Pawan Kr. Chaurasia 3 7.5.2010 This revision application is directed against the judgment dated 9.11.2009 passed in Criminal Appeal No. 2 of 2007 by Additional Sessions Judge, F.T.C. III, Samastipur by which he dismissed the appeal and confirmed the judgment of conviction and order of sentence dated 20.12.2006 passed by Sri P.C.Chaudhary, Railway Judicial Magistrate, Samastipur in Tr.No. 530/06 arising out of Samastipur Rail P.S. Case No. 22 of 2005 whereby petitioner was convicted under sections 379 and 411 IPC and sentenced to undergo R.I. for one year on each count, both the sentences were ordered to run concurrently. Heard learned counsel for the parties. Sentence is pressed by learned counsel only referring statement of informant denying recovered amount of his own and two of the rest witnesses are hostile even then conviction is reached, confirmed also. In such case liberal view should be taken on the point of sentence 2 minimizing that to the period undergone as petitioner remained in custody during the trial for a period of near about one month and while filing this revision application since 9.11.2009. Agreeing with the submission of learned counsel, this revision application is allowed in part on the point of sentence only that is modified and minimized to the period already undergone by the petitioner. The conviction is maintained with modification in sentence. The above named petitioner shall be released from custody forthwith if not wanted in other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. Let the lower court record be sent back to the court below. AI ( Mandhata Singh, J.)