Patna High Court CR. APP (SJ) No.380 of 1998 (03) dt.08-12-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.380 of 1998 ====================================================== 1. Ram Chandra Yadav 2. Ram Asish Yadav 3. Ram Dayal Yadav .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. S. N. Prasad- Amicus Curie For the Respondent/s : Mr. Ajay Mishra- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE MANDHATA SINGH) JUDGMENT 03 08-12-2011 None appears on behalf of appellants. Learned Advocate Mr. S. N. Prasad is appointed as Amicus Curie to defend the case of the appellants. This appeal is directed against the judgment and order dated 04.9.1998 passed by Shri Devi Dayal Prasad, learned 2nd Addl. Sessions Judge, Darbhanga in Sessions Trial No.65 of 1985 in which appellants were charged for the offence under Sections 307 and 148 of the I.P.C.., but have been convicted for the offence under Section 323 and 148 of the I.P.C. and released on their entering into a personal probation bonds of Rs.1,000/- (one thousand) to keep peace and be of good behavior for one year and to appear and receive sentence whenever called upon during such period. Heard learned counsel for the appellants and learned counsel for the State. Prosecution case, in brief, is that the informant and his brother Patna High Court CR. APP (SJ) No.380 of 1998 (03) dt.08-12-2011 Sobhit Yadav went to their paddy field after receiving information from their Halwaha that accused persons along with one Ram Avtar (now deceased) were harvesting their crop. On query, it is alleged that the deceased Ram Avtar and appellant Ram Chandar Yadav ordered to do away their lives, responding thereon accused-appellant Ram Asish Yadav blew his ‘Farsa’ on neck of the informant which hit his head. Ram Chandar assaulted him by means of sword on his back. Kishori Yadav and Asharfi Yadav also assaulted the informant and his brother. Ram Avtar Yadav is alleged for causing assault by means of ‘Bhala’ to both the brothers. Charge was framed for the offence under Section 307, 148 of the I.P.C., but after conclusion of trial, all the three appellants have been convicted for the offence under Section 323 and 148 of the I.P.C. and instead of sentencing to any punishment have been released on furnishing probation bonds for a period of one year of Rs. One thousand to keep peace and to be of good behaviour during such period and to appear and receive sentence whenever called upon during such period. Submission on behalf of learned counsel for the defence is that bond was executed as far back as in the year 1998 for a period only one year which now is elapsed without any adverse reporting. So, the appeal may be dismissed making the only observation that terms of bond is not violated. Accordingly, this appeal is dismissed observing that there is no adverse reporting regarding violation of the terms of the bond. VIKASH (Mandhata Singh, J)