IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21448 of 2011 Saryu Yadava @ Saryu Yadav @ Saryug Yadav Versus The State Of Bihar ----------- 02. 06.07.2011 By filing this application, the petitioner has sought modification in the order dated 04.01.2011, passed in Cr. Rev. No. 1683 of 2010. It is submitted that petitioner was tried under diverse sections of the Penal Code including sections 148 and 324, but was acquitted of the charge punishable under sections 148 and 324 IPC and was convicted under sections 147, 323 and 341 IPC. It is contended that this Court by mistake in paragraph 4 at page 1 of the order dated 04.01.2011 noted that petitioner was held guilty under section 148/324 IPC. Accordingly, in concluding paragraph the sentence awarded on him under section 148/324 of IPC was reduced to R.I. for six months. Learned counsel submits that reduction in sentence was granted under section 147 IPC wherein petitioner was awarded sentence to undergo R.I. for six months. It is pointed out that considering the period of sufferings undergone by the co-convicts in facing the trial and appeal, this Court in Cr. Rev. No. 1610/2010 reduced the sentence of the co-convicts from S.I. six months to S.I. three months. Learned counsel for the petitioner handed in a copy of the order passed by this Court in Cr. Rev. No.1610 of 2010 which is placed on record marked „X‟. Leaned APP on going through the judgment 2 impugned in the revision application and the copy produced by the petitioner, does not disputes the submissions of the petitioner. Accordingly, this Court modifies the penultimate paragraph of the order dated 04.01.2011 passed in Cr. Rev. No.1683/2010 starting from “Accordingly….. to remain intact” by the following order: Accordingly while upholding the conviction so recorded by the trial court and duly affirmed by appellate court, the sentence awarded under section 147 IPC is reduced to R.I. for three (03) months. Other part(s)/condition(s) of sentence shall remain intact. The order dated 04.01.2011 passed in Cr. Rev. No.1683 of 2010 is modified/clarified to that extent. Let this order be communicated by fax at the cost of the petitioner. hr ( Kishore K. Mandal )