IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1716 of 2009 1. JAIN GIRI S/o late Dhani Giri R/v. Kharanti, P.S. Obra, Dist. Aurangabad. 2. Baijnath Giri, S/o late Triveni Giri, R/v. Kusha, P.S. Barun, Dist. Aurangabad. Versus The STATE OF BIHAR ----with---- CR. REV. No.1764 of 2009 NARESH GIRI, S/o late Gupteshwar Giri, R/o Vill. Kusha, P.S. Barun, District-Aurangabad. Versus The STATE OF BIHAR ----------- 3/ 21.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. Conviction though is doubted on the ground of land dispute but mainly it is stressed that in a case of dacoity in the year 1972, petitioners are sentenced for a period of five years and fine of Rs. 1000/- each. For its execution, it is said that petitioner Jain Giri remained in custody from 14.03.1973 to 24.04.1975, Baijnath Giri from 31.04.1972 to 18.04.1973 and again from 05.05.1982 to 21.12.1983 and Naresh Giri from 14.04.1972 to 17.06.1972 and again from 24.01.1974 to 31.01.1977 and for all it is said that they surrendered on 12.09.2009 before filing of this revision petition. Specifically, it is said that nature and overt act followed by land dispute and custody if is considered period undergone by petitioners is sufficient towards punishment, which I also agree. Accordingly, the revision petition is partly allowed on 2 the point of sentence. That is modified and minimized to the period already undergone by the petitioners. Petitioners are directed to be released forthwith subject to deposit of fine. The Judgment and order dated 18.08.2009 passed by the Additional Sessions Judge-IV, Aurangabad in Cr. Appeal No. 14 of 1985 and the order dated 08.02.1985 passed by the Ist Assistant Sessions Judge, Aurangabad in Sessions Trial Case No. 31 of 1974/45 of 1982 are hereby affirmed. Shail ( Mandhata Singh, J.)