IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.514 of 2010 DHRUW NARAYAN PRASAD Versus STATE OF BIHAR ----------- 2 12.4.2010 This revision application has been preferred against the judgment dated 18.2.2010 passed in Criminal Appeal No. 144 of 2006 by Shri Umesh Chand Shrivastava, IInd Additional Sessions Judge,Bettiah, West Champaran, by which he dismissed the appeal and modified the judgment passed by Sri Ramesh Chand Malwiya, Judicial Magistrate, 1st Class, Bettiah whereby petitioner was convicted for offences under section 25(1-B)a and 26(1) of Arms Act and sentenced to undergo R.I. for two years and fine of Rs. 2000/- for offence under section 25(1-B)a and in default of fine R.I. for four months and for offence under section 26(i) of Arms Act, R.I. for three years and fine of Rs. 2000/- and in default of payment of fine, R.I. for four months. The appellate court only modified the fine to the extent that in default of payment of fine, the petitioner shall undergo S.I. instead of R.I. Heard learned counsel for the parties. Sentence is pressed by learned counsel 2 only on the point that recovery is of single loaded country made Pistol along with cartridge for which petitioner has been sentenced for offence under sections 25(1-B)a and 26 of the Arms Act which in itself is not legal. If that can be minimized by minimizing sentence for both offences, a single sentence that will be the justice end. Nature of weapon, in my view, also justifies minimizing single sentence under both sections and that is minimized to one year. With such modification in sentence, this revision application is allowed in part. The conviction is confirmed. The petitioner is ordered to be released after completing one year in custody. AI ( Mandhata Singh, J.)