Patna High CourtCR. REV./957/2015dismissed

Rakesh Kumar v. The State Of Bihar

2015-12-10Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.957 of 2015 Arising Out of PS.Case No. -2164 Year- 2004 Thana -null District- NALANDA (BIHARSHARIFF) ===========================================================

1. Rakesh Kumar Son of Shavan Kumar, resident of village - Amawan, P.S. Bind, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Harsh Singh, Advocate For the Respondent/s : Mr. Ataur Rahman, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-12-2015 The Petitioner seeks revision of the judgment of conviction dated 27.2.2013 passed by the 1st Additional Sessions Judge, Nalanda, Biharsharif in Criminal Appeal No.188 of 2007, by which he has upheld the conviction of the Petitioner under the provisions of arms Act and modified the period of sentence and the Petitioner has been directed to undergo R.I. for one year with fine of Rs.1500/- under Section 25(1-b)a/35 of the Arms Act and in default of which further S.I. of three months and R.I. for six months with fine of Rs.1000 under Section 26/35 of the Arms Act and in default of which further S.I. of two months, passed by judgment dated 27.9.2007 by Sri Manoj Kumar, J.M. 1st class, Biharsharif in G.R. case No.2164 of 2004 corresponding to Trial No.2314 of 2007.

Patna High Court CR. REV. No.957 of 2015 dt.10-12-2015 2/2 Having gone through the impugned judgment, I do not find any merit in the revision. However, considering the period of custody of the Petitioner, the sentence is modified to the period already undergone by him. However, he is required to deposit the fine as directed by the Court below within a period of eight weeks from the date of receipt of this order, failing which he shall be sentenced to imprisonment as directed by the court below.

With the aforesaid modification in sentence, the revision application stands dismissed.

(Anjana Prakash, J) Narendra/- U T