Ram Sewak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1043 of 2017 Arising Out of PS. Case No.-203 Year-1998 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ram Sewak Sah S/o Jilebi Sah, R/o Village- Sripur, P.S.- Cheria, Bariarpur, District- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Respondent/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Counsel for the petitioner submits that the present application has been filed against the order of sentence passed by learned S.D.J.M., Manjhaul, Begusarai in G.R. Case No.2791 of 1998 (arising out of Cheria Bariarpur) P.S. Case No.203 of 1998 wherein and whereby petitioner found guilty for offence punishable under Section 25(1-B) a / 35 of the Arms Act and sentenced him to undergo R.I. for three years and fine of Rs.10,000/- and for offence under Section 26(i) / 35 of Arms Act, R.I. for three years and a fine of Rs.10,000/- both the sentence shall run concurrently and also against the judgment dated 24.08.2017 passed by learned Sessions Judge, Begusarai

Patna High Court CR. REV. No.1043 of 2017(4) dt.09-05-2023 2/2 in Cr. Appeal No.60 of 2016 whereby and whereunder sentence passed by the Court below has been reduced as one year R.I. for each offence, without any fine, both the sentences shall run concurrently.

Counsel for the petitioner submits that admittedly, the Original Court has imposed punishment of three years and due to which the petitioner continued in jail for two years. But the Appellate Court has reduced the sentenced from three years to one year. As such, he was immediately released from the jail thereafter, the revision petition has been filed. In this background, counsel for petitioner submits that this case become infructuous and seeks permission to withdraw this criminal revision petition.

Counsel for State submits that it is an infructuous case.

In this view of the matter, this criminal revision application is hereby dismissed as withdrawn. (Dr. Anshuman, J.) prakashmani/- U T