IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.314 of 2010 1. PURAN SINGH , son of Dudheshwar Singh 2. Kanhaiya Ram Kanhai Singh son of Dudheshwar Singh 3. Lakhan Prasad @ lakhan Singh son of Dudheshwar Singh 4. Shiv Puja Singh, son of Dudheshwar Singh 5. Genda Singh, sonof Kailash Singh All are residents of vill.-Lala Amauna, P.S. Daudnagar, District-Aurangabad -------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ------------ 3. 12.3.2010 This revision application is preferred against the order and judgment dated 3.8.2009 passed in Cr. Appeal no. 108 of 1991/57/2009 by learned Addl. Sessions Judge, F.T.C.-IV, Aurangabad. This application has been pressed on the point of sentence submitting period undergone by the petitioners can be observed sufficient towards their sentence as pretty matter was there in beween both the family who are co-villagers, incident in which injuries, if any, was caused constituting only offence under section 323 of the Indian Penal Code for which conviction is for a period of three months though the petitioners being first offenders were entitled for relief under the Probation of Offenders Act either to be released after admonition or execution of probation bond but now they remained in custody since 8.2. 2010 which, in my view, is also sufficient towards their sentence. The revision application is allowed in part on the point of sentence. Rest of both the orders passed by the court below including conviction is affirmed. Period undergone in custody by petitioners is observed sufficient towards sentence. - 2 - Petitioners, who are accused in G.R. no.582 of 1988/ Tr. No.71 of 1991, are directed to be released forthwith if not wanted in any other case. Let this order be communicated to the court below through fax at the cost of the petitioners. Sudip ( Mandhata Singh, J. )