IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1036 of 2010 MAHENDRA SAH @ DOMA @ MAHENDRA PRASAD SAH SON OF LATE BASU SAH, RESIDENT OF VILLAGE- KURSAKANTA BAZAR, WARD NO. 4, P.S.- KURSAKANTA, DISTRICT- ARARIA Versus THE STATE OF BIHAR For the petitioner : Mr. Girish Prasad Gupta, Advocate For the State : Mr. Navin Kumar Pandey, APP ----------- 2 11.08.2010 Heard both sides. Rule confined to question of sentence. Learned APP waives notice on behalf of the State. With the consent of the parties, the matter is being disposed of. It is submitted that the petitioner has been pursuing this criminal litigation since 2005. It is further submitted that four litres of country made wine was recovered from the house of the petitioner. It is next contended that the petitioner was not found to have been convicted under these kind of accusations on any previous occasion. Learned trial court has found him aged about 49 years at the time of recording conviction. On these submissions, it is submitted that the petitioner deserves a lesser punishment. Learned APP , on the other hand submits that there is concurrent finding of guilt recorded by the two courts below based on evidence which have not been demonstratively shown to be perverse and/or perfunctory meriting any interference. I have considered the submissions advanced on behalf of the parties. The submissions advanced on behalf of the 2 petitioner have some force. This court is thus satisfied that a lesser punishment would sub-serve the cause of justice. Accordingly, while maintaining the conviction recorded under Section 47A of the Excise Act, the sentence is reduced from S.I. for 06 months to 04 months S.I. Other part/condition(s) of the sentence so imposed by the learned lower appellate Court shall remain in tact. With this modification in sentence, the application is dismissed. pkj ( Kishore K. Mandal, J. )