IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1478 of 2009 GAMA MAHTO @ GAMHA MATHO @ GAMMA MAHTO, S/o late Sheo Pujan Mahto, R/o Vill. Jaralpur, Naya Tola, P.S. Jogapatti, Dist. West Champaran Versus The STATE OF BIHAR ------ 3/ 17.09.2009 Heard learned counsel for the petitioner. No one appears on behalf of the State. Without entering into the merit about conviction, submission of the learned counsel for the petitioner is that he remained in custody since 7.04.2008, while the sentence for both the offences i.e. under Sections 25 (1-b)(a) and 26(1) of the Arms Act is for two and half years each to run concurrently. So, the period of custody comes to more than one year and four months. Recovery is said of two country made pistol, one country made rifle and five live cartridges. It is further admitted that the petitioner is the first offender in the case. So, in my view also period undergone by the petitioner is sufficient towards the sentence and the petitioner is directed to be released forthwith after depositing fine of Rs. 2,000/-. With such modification, order of conviction and sentence passed by the Trial Court as well as Appellate Court is hereby affirmed. Let the order be communicated through F.A.X. at the cost of the petitioner in connection with Cr. Appeal No. 68 of 2009 (Trial No. 1970 of 2009, Jogapatti P.S. Case No. 62 of 2008 corresponding to G.R. No. 787 of 2008) in the Court of 3rd 2 Additional Sessions Judge, Bettiah, West Champaran. shail (Mandhata Singh, J.)