Bhola Paswan v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.722 of 2005 Arising Out of PS.Case No. 58 Year- 2004 Thana -null District- MUZAFFARPUR =========================================================== Bhola Paswan son of Shri Ram Jatan Paswan, resident of village Narauli Sen, Police Station Mushari, District Muzaffarpur .... .... Petitioner/s

Versus

State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. R.B. Roy 'Raman', Amicus Curiae For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-07-2015 Since the Counsel for the Revisionist is no more, Mr. R.B. Roy 'Raman' is appointed as Amicus Curiae to assist this Court. The Petitioner seeks revision of the judgment of conviction dated 11.8.2005 passed by the Sessions Judge, Muzaffarpur in Criminal Appeal No.58 of 2004, by which he has upheld the conviction of the Petitioner under the provisions of Arms Act passed by judgment dated 27.12.2004 by the court of Shri Braj Mohan Singh, Judicial Magistrate, 1st class, Muzaffarpur in G.R. No.8816 of 2004 (Trial No.1308 of 2004) and maintained the sentence of 2 years R.I. and fine of Rs.2000/-, in default of which simple imprisonment for another three months. Having considered the impugned judgment, I do not find any merit in the application, but since the occurrence had taken place

Patna High Court CR. REV. No.722 of 2005 dt.31-07-2015 2/2 11 years ago, the sentence is modified to the period already undergone by him. However, the Petitioner 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 it in default.

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

(Anjana Prakash, J) Narendra/- U T