IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1154 of 2011 Jitu Kumar Tanti @ Salman, son of Ram Bilash Tanti, resident of Indruchak Mansingh, Police Station- Naya Ram Nagar in the district of Munger. At present-Father-in-law Late Md. Moinuddin, at – Malda Gaispur, Police Station – English Bazar in the district of Malda (West Bengal). … Petitioner. Versus The State Of Bihar .. Opp. Party. ----------- 4. 22.11.2011 Learned counsel for the petitioner is permitted to correct the case number in the prayer portion of the petition. The accused- petitioner has preferred this revision application against the judgment and order dated 30.7.2011 passed by the learned Additional Sessions Judge, FTC-1, Khagaria in Cr. Appeal No. 24 of 2011 by which the order of conviction and sentence dated 25.5.2011 passed by the learned 1st Assistant Session Judge, Khagaria in Sessions Trial No. 389 of 2009 has been confirmed and the appeal has been dismissed. The prosecution case, in brief, is that on 12.9.2009 at about 9 a.m. the informant (P.W.5) saw the accused- petitioner at Naugachhiya railway station who had taken away the articles of the informant after giving him the intoxicated biscuit. He identified the accused petitioner who had a bag and polythene 2 in his hand. He caught hold of the petitioner with the help of some persons who disclosed his name and address and confessed his guilt on 8.9.2009. He had taken away the belongings of the informant in the way while traveling in the train from Naugachhiya to Khagaria after giving him intoxicated biscuit. It has been alleged that informant was going to Khagaria by passenger train for selling cloths keeping in a bag. The petitioner sat besides the informant and offered a biscuit to him and he ate half and threw half after feeling bitter taste. After some time he became senseless and when he recovered he found himself at the Ara station from where he returned to Bhagalpur by train. He had 12 pieces of sari and some pieces of suiting and shirting and a mobile phone which were missing, and the bag and polythin were recovered from the possession of the petitioner. On the basis of written report of the informant Rail P.S. Bihpur (Naugachhiya) Case No. 24 of 2009 was instituted against the petitioner. After investigation charge-sheet was submitted, cognizance was taken and the case has been committed to the court of 3 session. Charges were framed against the petitioner for the offence punishable under Sections 328, 379 and 411 I.P.C. After trial the petitioner was convicted and sentenced to rigorous imprisonment for five year and a fine of Rs.2000/- under Section 328 and rigorous imprisonment for three years under Section 379 and in case of default in payment of fine simple imprisonment for two months, both the sentences to run concurrently and the petitioner was acquitted under Section 411 I.P.C. by giving him the benefit of doubt vide order dated 25.5.2011. Against this order the petitioner preferred Cr. Appeal No. 24 of 2011 which has been dismissed and judgment and order passed by the learned trial court has been confirmed. Learned counsel for the petitioner submits that the petitioner has been in custody since 12.9.2009. He has suffered a lot and he will not indulge himself in similar or any other offence. The sentence passed against the petitioner is fit to be modified. Learned counsel for the State has fairly submitted that the petitioner has remained in custody for more than two years and 4 the sentence of the petitioner may be modified. After hearing learned counsel for both the parties and on perusal of the material on record, it appears that the petitioner has been in custody since 12.9.2009 and he has suffered for his misdeed. Considering the facts and circumstances, in my opinion, it is a fit case in which the sentence can be modified. Accordingly, the sentence of the petitioner is reduced to the period already undergone in custody and a fine of Rs.2000/- The petitioner is directed to deposit a sum of Rs.2000/- in the Nazarat Civil Court, Khagaria and file a receipt thereof before the learned 1st Assistant Sessions Judge, Khagaria. Thereafter, the petitioner will be released, if not wanted in any other case. If the fine is realized, it will be payable to MD Hiru @ Raza Ali the informant and victim of the occurrence. In the result, this application is dismissed with the modification in the sentence to the aforesaid extent. Kanchan (Amaresh Kumar Lal, J.)