IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1853 of 2009 BISHESHWAR SINGH Versus STATE OF BIHAR ----------- 2 1.12.2009 Heard learned counsel for the parties. This revision application is directed against the judgment and order dated 29.8.2009 passed by Sri Baij Nath, Additional Sessions Judge-IV, Aurangabad in Cr. Appeal No. 70/06/113/09 by which he has confirmed the judgment and order dated 11.8.2006 passed by Sri Mritunjay Kumar Singh, Judicial Magistrate, 1st Class, Aurangabad in G.R.Case No. 934/1999, Tr.No. 2347/2006 whereby the trial court has convicted the petitioner under section 25(1-b)a of Arms Act and sentenced him to undergo R.I. for two years and a fine of Rs. 5000/-, in default simple imprisonment for three months. Learned counsel pressed the revision on the point of sentence only. His submission is that it is a simple case of recovery of country made pistol without its use for any illegal purpose, for which he remained in custody for eight and half months. Petitioner faced prosecution since 1999. 2 Keeping that in view, in a simple case of recovery of a country made pistol, the period of sentence is minimized to the period of one year with fine of Rs. 5,000/-. With the aforesaid direction, this revision application is dismissed. The orders of both the courts below are affirmed and the sentence is modified to the period of one year with fine. As prayed for, let this order be communicated to the court below through fax at the cost of the petitioner. A.I (Mandhata Singh, J.)