Banty Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 129 of 2015 Arising out of P.S. Case No. -690 Year- 2012 Thana -Kotwali District- BHAGALPUR ======================================================== Banty Chaudhary Son of Ashok Kumar Chaudhary, Resident of Village - Uprama, P.s. - Rajoun, District - Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv. For the Respondent/s: Mr. Sanjay Kumar Tiwary, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The Petitioner was convicted by the judgment dated 20.06.2014 passed by the Judicial Magistrate, 1st Class, Bhagalpur in G.R. No. 3449 of 2012 (Tr. No. 2868 of 2014) for the offences under Section 25(1-B) A of the Arms Act and sentenced to RI for two and half years and a fine of Rs. 5,000/- and in default further imprisonment of another three months and under Section 26(i) of the Arms Act sentenced to RI for two years and a fine of Rs. 5,000/- and in default further imprisonment of another three months. In appeal, the 3rd Additional District and Sessions Judge, Bhagalpur in Cr. Appeal No. 87 of 2014 affirmed the conviction and sentence by judgment dated 04.12.2014.

The specific assertion of the Petitioner is that he

Patna High Court CR. REV. No.129 of 2015 dt.26-02-2015 is in custody since 21.12.2012 i.e. more than two years whereas the conviction is of two and half years. In these circumstances, the Revision Application is dismissed but with modification in sentence of the Petitioner to one already undergone by him during Trial and the order of fine imposed by the Trial Court against the Petitioner is, hereby, set aside.

Vikash/- (Anjana Prakash, J.) U T