IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.576 of 2010 AMRENDRA RAI, s/O Ambika Rai, R/o Village – Sirisiya, P.S. – Nautan, District - Siwan Versus STATE OF BIHAR & ANR ----------- For the petitioner: Mr. Bijay Prakash Singh For the State: Mr. U.S.P. Singh, A.P.P. ---------- 3/ 06.05.2010 This Criminal Revision application is directed against order dated 23rd day of February 2010 passed in Cr. Appeal No. 7 of 2000 passed by Sri Phool Chand Choudhary, Additional District & Sessions Judge (Fast Track Court No. IV), Siwan whereby and whereunder appeal of the petitioner directed against judgment and order dated 17.12.1999 passed in Trial No. 1074 of 1999 arising out of Complaint Case No. 2441 of 1995 passed by Sri B.K. Mishra, J.M. Ist Class, Siwan by which petitioner has been convicted and sentenced to undergo simple imprisonment for a period of two months under Section 323 and simple imprisonment of 15 days for offence punishable under Section 379 of the Indian Penal Code has been rejected. Heard learned counsel for the parties. Sentence is only pressed by learned counsel on the ground that parties come from same village, quarrel on trivial matters, as only a spade was asked for purpose of use. Parties quarreled and incident took place. Theft is alleged of the same spade for which petitioner is sentenced 15 days and for causing assault 2 months. Now he is in custody since 20.04.2010 which can be observed sufficient towards sentence. Incident is of the year 1995. Under discussed circumstance I am also convinced that period undergone by petitioner should be observed sufficient. In the result, this revision application is partly allowed on the point of sentence only which is modified and minimized to the period already undergone by the petitioner. The conviction is maintained with modification in sentences, as mentioned above. The petitioner shall be released from custody at once, if not wanted in other case. Let this order be communicated to the court below through fax at the cost of the petitioner. Praful ( Mandhata Singh, J.)