IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1377 of 2009 SHAMBHU THAKUR Versus THE STATE OF BIHAR ----------- 6 17.12.2009 Heard learned counsel for the petitioner and the Opposite Party-State. This revision application has been filed against the judgment and order dated 17.4.2009 passed by Sessions Judge, Samastipur in Cr.Appeal no. 4 of 2008 by which he has dismissed the appeal with modification in sentence awarded under section 25(1-B)a of the Arms Act from three years to two years and in fine from Rs. 2000/- to Rs. 1000/- and in default of payment of fine to undergo S.I. for one month by setting aside the conviction and sentence of the petitioner under section 26 of the Arms Act passed by Sri K.P.Rana, Judicial Magistrate,1st Class, Samastipur in G.R.No. 1098/06, T.R.No. 2269/07. In the case infirmities on the point of raid and seizure pointing out non-supporting the case by seizure list witnesses, sentence is only pressed and on that point it is submitted that for recovery of simple country made pistol that also from petitioner’s bed, petitioner has been awarded the sentence of two years and fine of Rs. 1,000/- by the appellate court which are excessive. As recovery was not leading to interlink any type of other activities, I agree with the submission of learned counsel for the petitioner. So the revision application is partly allowed on the point of sentence which is modified and minimized for a period of one year confirming the conviction and rest of the sentence for fine. Let the order be communicated to the court below through fax at the cost of the petitioner. Let the lower court records be also sent down to the court below forthwith. AI (Mandhata Singh,J.)