IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.720 of 2008 GANGA RAI & ORS Versus THE STATE OF BIHAR ----------- 2. 28.7.2008. This application has been preferred against the judgment dated 28.6.2008 passed by Additional Sessions Judge, F.T.C., VII, Sitamarhi in Cr. Appeal No. 64 of 1991 thereby the judgment of conviction and order of sentence dated 16.7.1991 passed by Sri Abhimanyu Lal Srivastava, Judicial Magistrate, Ist Class, Sitamarhi in G. R. No. 476 of 1983, Trial No. 62 of 1991 has been confirmed. The learned magistrate has convicted petitioners namely Ganga Rai, Ram Janam Rai, Dharmendra Rai @ Akbali Rai and Ram Lakshan Rai under Sections 148 and 324 I.P.C. and has sentenced them to undergo R.I. for three months under Section 148 I.P.C. and R.I. for six months under Section 324 I.P.C.. The petitioner namely Jai Jai Ram Rai has been convicted under Sections 147 and 323 I.P.C. and has been sentenced to undergo S. I. for two months under Section 147 I.P.C. and S. I. for three months under Section 323 I.P.C. All the sentences are directed to run concurrently. Learned counsel for the petitioners argues only on the point of sentence. He does not dispute the order of conviction passed by lower Court and confirmed by the appellate Court. Heard learned counsel for the petitioners as well as the State at great length as also perused the impugned judgments passed by both Courts. - 2 - Both the parties are related to each other and there is a land dispute between the parties. Thus, having regard to the facts and circumstances of the case as well as the oldness of the case, I am of the view that the petitioners ought to have given benefit of Probation of Offenders Act and accordingly the sentence awarded to the petitioners by the learned magistrate is hereby set aside and modified to the extent that they are directed to be released on furnishing probation bond of Rs.2000/-(two thousand) each with two sureties of the like amount each under Section 4 of the Probation of Offenders Act for a period of one year. The probation bond must be furnished to the Court below within 15 days of receipt of this order. Accordingly this Cr. Revision is allowed in part with above modification in sentence. Kanchan (Ghanshyam Prasad, J.)