Rupesh Kumar @ Bideshiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 94 of 2015 Arising out of P.S. Case No. -201 Year- 2012 Thana -Muffasil District- BEGUSARAI ======================================================== Rupesh Kumar @ Bideshiya S/o Vidya Sagar Singh Resident of VillChhatauna, P.S-Nawakothi, Distt.-Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s: Mr. Umesha Nand Pandit, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 I.A. No. 231 of 2015 has been filed for condonation of delay.

In the circumstances, the prayer for condonation of delay is allowed.

The Petitioner was convicted by the judgment dated 10.11.2014 passed by the Sub-divisional Judicial Magistrate, Begusarai in G.R. No. 2083 of 2012 (Tr. No. 4005 of 2014) under Section 25(1-B) A, 26 and 35 of the Arms Act and sentenced to three years RI and a fine of Rs. 5,000/- and under Section 26 of the Arms Act sentenced to three years RI and a fine of Rs. 5,000/-. In appeal the Sessions Judge, Begusarai affirmed the conviction and the sentence.

The submission of the Petitioner is that he has

Patna High Court CR. REV. No.94 of 2015 dt.26-02-2015 remained in custody since 08.07.2012 i.e. about thirty one months.

Considering such aspects of the matter, 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