IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.867 of 2008 UMESH RAI @ BAHERWA Versus THE STATE OF BIHAR ----------- 3. 24.11.2008. This revision has been preferred against the judgment dated 25.6.2008 passed by Ist Additional Sessions Judge, Vaishali at Hajipur in Cr. Appeal No.20 of 2008 thereby the conviction and sentence passed by Shri Alok Kumar pandey, Judicial Magistrate, Ist Class, Vaishali in Trial No.2292 of 2008 has been affirmed. It appears that the learned Magistrate has convicted this petitioner under section 25(1-b)A, 26 and 27 of the Arm Act and has sentenced him to undergo R.I. for two years with fine of Rs.1,000/- under section 25(1-b)A, R.I. for one year with fine of Rs.1,000/- under section 26 and R.I. for three years with fine of Rs.1,000/- under section 27 of the Arms Act. All the sentences shall run concurrently and in default of payment of fine, the petitioner has been directed to further undergo imprisonment for two months. The learned counsel for the - 2 - petitioner presses this revision only on the point of sentence. It is submitted that the petitioner has no criminal antecedent. Only one fire arm has been recovered from possession of this petitioner. He has already remained in jail custody for one year and eight months. He has sufficiently been punished. Perused the judgment of both the courts. It appears that this petitioner has no criminal antecedent. He has been found in possession of only one fire arm with some cartridges. He has already remained in jail custody for one year and eight months. Under the facts and circumstances, I am of the view the period already undergone by this petitioner is sufficient to meet the ends of justice. Accordingly, while affirming the order of conviction against this petitioner, the sentence awarded to him is hereby modified to the extent of period already undergone by him, which is sufficient to meet the ends of justice. The petitioner is directed to be released at once if not wanted - 3 - N.H./ in any other case. Accordingly, this application stands disposed of. ( Ghanshyam Prasad )