IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.659 of 2010 AMAR RAM, S/o Late Rama Ram, R/o Village Sahnaula, P.S. – Manpur, District – West Champaran Versus STATE OF BIHAR ----------- 2/ 6.5.2010 This Criminal Revision application is directed against the judgment and order dated 5.11.2009 passed by Shri Umesh Chand Srivastava, 2nd Additional Sessions Judge, Bettiah, West Champaran in Cr. Appeal No. 3 of 2006 / 8 of 2006 upholding the order of conviction and sentence dated 21.12.2005 passed by Shri Ramesh Chand Malviya, Judicial Magistrate, Bettiah, West Champaran under Section 456 of the Indian Penal Code in G.R. No. 1582 of 1992 / Trial No. 11 of 2005 whereby petitioner has been sentenced under Section 456 of the Indian Penal Code to undergo one year R.I. and fine of Rs. 1,000/- . In default of payment of fine further to undergo R.I. for 3 months. Allegation against the petitioner is theft of Rs. 3,000/- from the ‘attaichi’ after breaking its lock for which cognizance was taken against him and he was convicted under Section 456 of the Indian Penal Code. Learned counsel for the petitioner submit that petitioner is in custody since 11.2.2010 which can be observed sufficient towards sentence. Incident is of the year 1992. Under discussed circumstances I am also convinced that period undergone by petitioner should be observed sufficient towards the sentence. In the result, this revision application is partly allowed on the point of sentence only which is modified and minimized to the period already undergone by the petitioner. Petitioner is exonerated from the liability of fine also. The conviction is maintained with modification in sentences as mentioned above. The petitioner shall be released from custody at once, if not wanted in other case. Let this order be communicated to the court below through fax at the cost of the petitioner. Praful ( Mandhata Singh, J. )