IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1765 of 2009 BIJAY KUMAR SINGH Versus STATE OF BIHAR ----------- 2 13.11.2009 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to make necessary correction in paragraph-7 of the revision application. The sentence is pressed only showing that the recovery if any was made in the year 1998 that also of country made pistol for which petitioner has been convicted and sentenced for the offence under sections 25(1-B)A and 26 of the Arms Act to undergo R.I. for two years as well as fine of Rs. 2000/- and R.I. for two years and a fine of Rs. 1000/- for offence under section 26 of the Arms Act. The petitioner remained in custody since 24.4.1998 to 25.7.1998 and since 11.5.2009 till today. Really single offence is made out that can be shorted out by awarding single sentence for both sentences for which it is said that a minimum sentence can be awarded, suggesting circumstances entitle the petitioner for the same. Accordingly, this revision application is partly allowed on the point of sentence that is minimized to one year. Single sentence for both sentences, petitioner is entitled for set off also. The judgment and order dated 13.10.2009 passed by Sessions Judge, Khagaria in Cr.Appeal No. 21 of 2009 upholding the judgment and order dated 21.7.2009 passed by Judicial Magistrate, 1st Class, Khagaria in G.R.NO. 402/98 and TR No. 1214 of 2009 is confirmed for the rest. The petitioner is directed to be released forthwith from custody in the aforesaid case, if not required in any other case, subject to deposit of fine. Let this order be communicated through fax at the cost of the petitioner. (Mandhata Singh,J.) AI