IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1714 of 2009 1. SRI NIWASH YADAV 2. CHANDESHWAR YADAV ------------------- PETITIONERS Versus STATE OF BIHAR ----------- 3 13.11.2009 Heard learned counsel for the petitioners and the State. Learned counsel prefers to press the revision application on the point of sentence only. On this, his submission is that the land dispute is prevailing between the parties. For the incident of the same day, a case was lodged from petitioners’ side against the informant party. Injuries if any caused by these petitioners were found simple in nature. As such, petitioners were entitled for relief enumerated under Probation of Offenders Act but they surrendered in the case on 27.10.2009 and are in custody till today, so that can be taken sufficient towards their sentence. In my view also the period of sentence already undergone by the petitioners is held sufficient towards their sentence. With such modification in sentence, this revision application is allowed in part and the order dated 28.7.2009 passed by 5th Additional Sessions Judge, Bhojpur at Arrah in Cr.Appeal no. 54/08 confirming the order of conviction and sentence dated 6.9.2008 passed by Sri Brajesh Narayan Mishra, 1st Class, Judicial Magistrate in GR702/99/1527/08 is confirmed. Let the above named petitioners be released from custody forthwith in the aforesaid case, if not required in any other case. A.I (Mandhata Singh, J.)