IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1076 of 2011 Tarkeshwar Singh, son of Late Prabhu Narayan Singh, resident of village- Govind Chak, P.S. Sonepur, District-Saran. .. Petitioner/Appellant Versus The State Of Bihar .. Opposite party. ----------- 2. 30.08.2011 I. A. No. 1838 of 2011 at Flag ‘A’ has been filed for condonation of delay in filing this revision application. Heard learned counsel for the petitioner and learned A.P.P. for the State. It appears that sufficient ground has been made for condonation of delay in filing this criminal revision application, the delay is condoned. I.A. No. 1838 of 2011 stands disposed of. Learned counsel for the petitioner submits that this revision application may be disposed at the admission stage itself. Learned A.P.P. for the State has got no objection. This revision application has been filed against the judgment and order dated 6th October 2010 passed by the learned 3rd Additional Sessions Judge, Saran at Chapra in Cr. Appeal No. 117 of 2008 by which the judgment of conviction and sentence dated 2 28.8.2008 passed by the learned Railway Magistrate, Sonepur in Trial No. 152 of 2008 arising out of Sonepur R.P.U.P. Case No. 21 of 1996 by which the petitioner has been convicted and sentenced under Section 3 of R.P.U.P Act to undergo rigorous imprisonment for one year, has been confirmed and the appeal has been dismissed. The prosecution case, in brief, is that on 3.10.1996, the informant Madan Mohan S. I. of R.P.F. Sonepur was informed about the commission of theft of tic trees near gate no. 4 situated at Govind Chalk Railway Station. It was found that two tic trees were cut down and one was fallen and other was taken away by the criminals. Thereafter, he got information that the petitioner Tarkeshwar Singh and his two sons and his servants, namely, Yogeshwar Paswan, Deo Sharan Paswan and some others have committed the theft of railway property. Informant and other police personnels went to the hotel of Tarkeshwar Singh. Two persons were arrested who disclosed that the owner of the hotel Tarkeshwar Singh and his sons have fled away but the persons arrested disclosed their name as Nanahak Singh and Shayam Sundar. They 3 also confessed their guilt that on instigation of Tarkeshwar Singh they along with other accused have committed the offence of theft of two tic trees. The streams and branches of trees were recovered. A seizure list was prepared. On the written report, Sonepur R.P.U.P. Case No. 21 of 1996 was registered and was investigated. After trial by the railway magistrate, the accused including the petitioner have been found guilty and the petitioner has been sentenced to rigorous imprisonment for one year under Section 3 R.P.U.P. Act vide order dated 28.8.2008. Thereafter the petitioner and others have filed Cr. Appeal No. 117 of 2008 which has been dismissed confirming the conviction and sentence of the petitioner. Learned counsel for the petitioner submits that the petitioner has been in custody for three months and he is an old man. The date of occurrence is 3.10.1996. More than 14 years have passed and the petitioner has been suffering from mental agony. The sentence of the petitioner should be modified. Learned A.P.P. for the State has not controverted the contention of the petitioner. 4 After hearing learned counsel for both the parties and on perusal of the impugned order and the other materials available on record, it appears that there is no material on record to show that the petitioner has any criminal antecedent. He is an old man and has been suffering from mental agony for more than 14 years. It is a fit case in which the sentence should be modified. Considering the facts and circumstances of the case, the sentence of the petitioner is modified and reduced to the extent he has already undergone in custody. The petitioner is directed to be released forthwith, if he is not in custody in any other case. In the result, this application is dismissed with the aforesaid modification in the sentence. Kanchan (Amaresh Kumar Lal, J.)