IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.199 of 2010 PRAMOD YADAV Versus THE STATE OF BIHAR ----------- 2 11.2.2010 Heard learned counsel for the parties. This revision application is directed against the judgment and order dated 16.12.2009 passed in Cr.Appeal no. 19 of 2009 by Sri Aditya Kumar Trivedi, Sessions Judge, Khagaria who has dismissed the appeal and confirmed the judgment and order dated 19.6.2009 passed in G.R.No. 1674 of 2004 by Sub-Divisional Judicial Magistrate, Khagaria whereby petitioner was convicted under sections 25(1-b)a, 26 and 35 of the Arms Act but he was sentenced to undergo R.I. for three years under section 25(1-b)a of the Arms Act as well as fine of Rs. 1,000/-, in default of payment of fine to undergo imprisonment for two months and was sentenced to undergo R.I. for two years under section 26 of the Arms Act as well as fine of Rs. 1,000/- in default of payment of fine to undergo imprisonment additionally for two months with a direction to serve out sentences concurrently. Learned counsel pressed the revision on the point of sentence only. His submission is 2 that it is a simple case of recovery of one cartridge. The incident is of the year 2004. In course of trial petitioner remained in custody since 26.12.2004 to 24.2.2005 and since 13.3.2009 till today, for more than a year, the sentence is modified and minimized to the period undergone by him. In the result, this revision application is partly allowed on the point of sentence only that is modified and minimized to the period already undergone exonerating from the fine. Conviction is affirmed. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)