IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.409 of 2010 AMARJEET PASWAN @ AZAD PASWAN Versus STATE OF BIHAR ----------- 3 2.4.2010 This revision application is directed against the judgment dated 7.7.2009 passed by Sessions Judge, Rohtas, Sasaram in Criminal Appeal No. 25/2009, by which he dismissed the appeal with modification in sentence awarded under section 25(1-B)a of the Arms Act from three years R.I. to two years R.I. affirming the sentence to undergo R.I. for one year for the offence under section 26 of the Arms Act passed by Judicial Magistrate, 1st Class, Sasaram in Gr.Case no. 1836/2003/Tr.Case No. 584/2009. Heard learned counsel for the parties. The sentence is only pressed by referring that petitioner remained in custody for more than the period for which he was sentenced though it appears, an irregularity has been committed by the trial court as well as by the appellate court in convicting and sentencing petitioner for two offences that is under sections 25(1-B)a and 26 of the Arms Act while the act was single about having a country made double barrel Pistol and five cartridges. 2 Taking into consideration the custody now there is no relevance to minimize even the sentence as petitioner was remanded in the case on 20.10.2003 though allowed bail on 13.4.2005 by the Sessions Judge but could not be released due to remand in other case and surrender certificate is also dated 23.3.2009. The period of petitioner includes for which he was directly sentenced and in lieu of non-payment of fine which was for six months, so the conviction and sentence passed in the case by the trial court by order dated 18.3.2009 in Gr.case no. 1836/2003/Tr.no. 584/09 and confirmed by the appellate court by order dated 7.7.2009 passed in Criminal Appeal no. 25/2009 by Sessions Judge, Rohtas, Sasaram is hereby confirmed with observation that the petitioner is not required any more in custody in this case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)