IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.309 of 2010 KARE LAL YADAV, S/o late Bino Yadav, R/o Vill. Bari Kothiya P.S. Muffasil (Khagaria,) Dist. Khagaria. Versus THE STATE OF BIHAR ------ 7/ 12.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. The revision application is filed against the Judgment and order dated 16.12.2009 in Cr. Appeal No. 19 of 2009 arising out of Khagaria Mufassil P.S. Case No. 558 of 2005, G.R. No. 1674 of 2004 and the order dated 19.06.2009 passed by the S.D.J.M., Khagaria. Sentence is only pressed on the ground that petitioner was found with a single cartridge. Having similar allegations, co- accused Pramod Yadav has been given relief on the point of sentence and his period undergone is observed towards punishment vide Cr. Revision No. 199 of 2010. Further, Submission of the learned counsel for the petitioner is that for a single act of having a live cartridge, petitioner is sentenced under Section 25 (1-b) and at the same time, 26 of the Arms Act. That can be easily negatived by awarding a single sentence for both the offences. The period of custody of Pramod Yadav is observed sufficient towards punishment but he remained in custody for a period of more than one year and if that is taken into consideration then petitioner’s sentence can be minimized but not less than one year which is the minimum sentence prescribed for the offence 2 under Section 25(1-B) of the Arms Act. Having considered the facts and circumstances of the case, the revision application is partly allowed on the point of sentence. That is minimized and modified to the period undergone and the above named petitioner is directed to be released forthwith after completion of one year subject to deposit of fine, if not wanted in any other case. Rest of the Judgment and order dated 16.12.2009 passed in Cr. Appeal No. 19 of 2009 arising out of Khagaria Mufassil P.S. Case NO. 558 of 2004, G.R. No. 1674 of 2004 and the order dated 19.06.2009 in connection with G.R. No. 1674 of 2004 passed by the S.D.J.M., Khagaria are hereby affirmed. shail (Mandhata Singh, J.)