IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1560 of 2009 AJAY PRASAD Versus THE STATE OF BIHAR ----------- 3 18.11.2009 Heard learned counsel for the petitioner and the State. This revision application is preferred against the judgment and order dated 29.6.2009 passed in Cr.Appeal No. 89/2006/32/2006 by Additional Sessions Judge, F.T.C. III, Jehanabad whereby order of conviction and sentence dated 27.11.2006 passed by Sri Brajesh Kumar Malviya, Judicial Magistrate, 1st Class, Jehanabad in T.R.no. 1599/06 against the petitioner has been upheld. 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 rifle without its use for any illegal purpose. Recovery is made in the year 2005. It appears that the petitioner surrendered in the case on 8.9.2009 and is in custody till today. He has also no criminal antecedent. Taking all these into consideration, the conviction of this 2 petitioner is maintained but the sentence awarded to the petitioner is minimized to one year for all the offences, and fine is also minimized to Rs.500/- from Rs. 2,000 for the all the offences, as it was a single act of recovery of rifle. This revision application is partly allowed with modification in sentence and also fine as stated above. The judgment of conviction and order of sentence is affirmed with some modification. Let this order be communicated through fax at the cost of the petitioner. A.I (Mandhata Singh, J.)