IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1001 of 2011 Ranjeet Kumar son of Jagdish Sah, resident of village Dharhara, Police Station- Dharhara, District- Munger. … Petitioner. Versus The State Of Bihar … Opposite party. ------ For the petitioner : Mr. Abdul Mannan Kha, Adv. : Mr. Ahamad Haque, Adv. For the State : Mr. Jitendra Kumar Singh No-1, A.P.P. ------ 2. 16.08.2011 The accused-petitioner has preferred this revision application against the order dated 27.5.2011 passed by the learned Additional Sessions Judge, F.T.C. IV, Lakhisarai in Cr. Appeal No. 100 of 2010 preferred against the judgment and order dated 26.7.2010 passed by learned Railway Judicial Magistrate, 1st Class, Kiul in Case no. R.P.F. Jamalpur Yard- 2(3) of 1995, Trial No. 121 of 2010, by which the appeal has been dismissed confirming the conviction and sentence of the petitioner for a period of one year under Section 3 of Railway Property (Unlawful Possession ) Act. The allegation against the petitioner is that co-accused were apprehended while taking coal, the property of railway. During their confession, they have stated that they 2 have committed the theft of railway coal and the coal has also been kept in possession of the petitioner, Ranjeet Kumar and Anup Prasad Gupta and others. It is further alleged that 100 kg of coal contained in three plastic bags have been recovered from the house of the petitioner. After trial the petitioner has been convicted by the Railway Judicial Magistrate in Case No. R.P.F Jamalpur Yard- 02(3) of 1995, Trial No. 121 of 2010 by which the petitioner has been held guilty under Section 3 of Railway Property (Unlawful Possession) Act and sentenced for one year. Thereafter, the petitioner filed Cr. Appeal and the same has been rejected vide impugned order confirming his conviction and sentence. Learned counsels for both the parties have submitted that this case may be disposed of at the admission stage itself. Learned counsel for the petitioner has submitted that the persons who have been apprehended on the spot with stolen article have been released. Out of three accused, one co-accused has been released on payment of a fine of Rs.300/- and the other co-accused have been released setting off their sentence of 3 three months. It is further submitted that the petitioner has no criminal antecedent and he should be given the benefit under Section 3 of Probation of Offenders Act. The petitioner has remained in custody for about one month and the sentence of the petitioner may be modified, as the petitioner has been suffering from mental agony for the year 1995. Learned A.P.P. for the State could not controvert the contention of learned counsel for the petitioner. After hearing learned counsel for both the parties and on perusal of the materials available on record it appears that the occurrence has been taken on 4.3.1995. More than 16 years have passed and the petitioner has been suffering from mental agony and the other co-accused have also been released. One on the payment of fine of Rs.300/- and another accused has been released after serving sentence of three months. Considering the facts and circumstances stated above, the sentence of the petitioner is modified. His sentence is reduced to the period already gone in custody. The 4 petitioner is directed to be released. In the result, this application is disposed of with the aforesaid modification in the sentence. Let a copy of this order be sent to the Court of learned Railway Judicial Magistrate, 1st Class, Kiul through fax at the cost of the petitioner. Kanchan (Amaresh Kumar Lal, J.)