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Patna High Court

Rishi Rai @ Rishi RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the petitioner has already served the maximum two‑year sentence, he must be released upon payment of the fine, and the revision petition is disposed.

Summary

The petitioner was convicted under Sections 25(1‑B)a, 26, 35 of the Arms Act and Section 414 of the IPC, receiving three years of rigorous imprisonment and fines. On appeal, the sentence under Section 25(1‑B)a was reduced to two years of simple imprisonment, with all sentences to run concurrently. The petitioner filed a criminal revision arguing that he had already spent more than two years in custody (both as an under‑trial and after conviction) and therefore had served the maximum term. The High Court examined the total period of incarceration against the maximum sentence of two years and held that, having served the full term, the petitioner is entitled to release upon payment of the fine. Consequently, the revision petition was disposed, directing the authorities to release the petitioner if the fine is paid.

Issues considered

  • Whether the revision petition is maintainable when the petitioner has already served the maximum sentence imposed.
  • Whether the appellate court's modification of the sentence should be set aside on the ground of time already served.
  • Whether the petitioner is entitled to release upon payment of the fine imposed by the trial court.

Legislation cited

Subjects

  • Arms Act
  • sentencing
  • revision petition
  • concurrent sentences
  • release on fine
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL REVISION No.1027 of 2024
                     Arising Out of PS. Case No.-90 Year-2018 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Rishi Rai @ Rishi Roy S/O Baldev Rai @ Baldev Ray R/O Village- Rupauli
                 Tola Danghara, P.S- Musrigharari, Distt.- Samastipur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheo Kumar Prasad, Adv.
                 For the OP               :        Mr.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

7   03-02-2026                     The present petition has been filed for setting aside

                   the order dated 30.08.2024 passed by the learned Additional

                   District and Sessions Judge-V, Samastipur in Cr. Appeal No.

                   41/2022, G.R. No. 215 of 2018, T.R. No. 1009/2022 arising out

                   of Ujiyarpur P.S. Case No. 90/2018 for the offences registered

                   under Section 25(1-B)a, 26, 35 of the Arms Act and Section 414

                   of the IPC whereby and whereunder the learned Appellate Court

                   modified the sentence awarded by the learned trial court under

                   Section 25(1-B)a of the Arms Act to that of SI for two years in

                   place of three years of RI.

                                 02. The learned trial court convicted the petitioner for

                   the offences punishable under Section 25(1-B)a, 26 of the Arms

                   Act and sentenced him to undergo rigorous imprisonment for

                   three years and fine of Rs.5000/- for the offence under Section
Patna High Court CR. REV. No.1027 of 2024(7) dt.03-02-2026
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          25(1-B)a of the Arms Act and in default of payment of fine,

          further directed to undergo simple imprisonment for a further

          period of three months. Learned trial court sentenced the

          petitioner to undergo simple imprisonment for two years and

          fine of Rs.1000/- for the offences under Section 26 of the Arms

          Act and on default of payment the fine, further directed to

          undergo simple imprisonment for a period of one month. The

          sentences were ordered to run concurrently.

                       At appellate stage, the learned Appellate Court of

          Additional District Judge-V, Samastipur modified the sentence

          awarded with respect to the offences punishable under Section

          25(1-B)a of the Arms Act and reduced it to simple imprisonment

          of two years instead of three years of rigorous imprisonment

          while affirming the other parts of the order and ordered that the

          sentences were to run concurrently.

                       03. Learned counsel for the petitioner at the outset,

          submits that the petitioner has remained in custody from

          24.04.2018 to 06.12.2018 as an under trial and thereafter from

          13.09.2024 till date after conviction. Therefore, the petitioner

          has remained in custody for more than two years. Hence, the

          matter has become infructuous as the petitioner has already

          served the sentenced period. The learned counsel prays for
             Patna High Court CR. REV. No.1027 of 2024(7) dt.03-02-2026
                                                         3/3




                       release of the petitioner.

                                    04. Having regard to the submission, it is clear that

                       the maximum sentence awarded was only two years with fine

                       and sentences were to be run concurrently. If the petitioner has

                       already served the maximum period of two years, on payment of

                       fine, the petitioner should be released from custody. Therefore,

                       the authorities concerned are directed to look into the matter and

                       if the petitioner has served the sentenced period, he is directed

                       to be released from the custody if not wanted in any other case,

                       of course subject to payment of fine imposed by the learned trial

                       court in Ujiyarpur P.S. Case No. 90/2018.

                                    05. Accordingly, the present writ petition stands

                       disposed of.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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