IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.610 of 2009 RAJESH PASWAN Versus THE STATE OF BIHAR ----------- 3 13.4.2009 Heard counsel for the petitioner and the State. The instant revision application is directed against the order dated 5.12.2008, passed by the District and Sessions Judge, Khagaria in Criminal Appeal No.6 of 2008, whereby while upholding the punishment under section 411 of the Penal Code, acquitted the accused of charge under section 379 of the Penal Code and sentenced him to under go one year imprisonment under the aforesaid section. It appears from the order and judgment of both the courts below that the petitioner was caught by the informant Raj Kumar Rai, Constable in G.R.P.F., while he was jumping from running train namely Katihar Intercity Express. The informant was examined as P.W. 1 and he supported the factum of prosecution case. In this view of the matter, I uphold the conviction of the petitioner under section 411 of the Penal Code, passed by the learned Appellate Court. So far as quantum of sentence is concerned, it appears that the petitioner has remained in custody for 7 ½ months and this is his first offence and as such the period in custody would be deemed to be sufficient punishment under the aforesaid section. As such the sentence awarded by the learned Appellate Court is reduced to the period already under gone. The petitioner is directed to be released forthwith, if not wanted in any other case. With the aforesaid modification in the sentence, this - 2 - KHAN revision application is dismissed. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)