IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1129 of 2008 1. CHANDRA DEO SINGH 2. CHAIN KUMAR KURMI 3. JAI SHANKAR SINGH 4. RAMA SHANKAR SINGH 5. CHANDRA SHEKHAR SINGH 6. KRISHAN BALLAM SINGH 7. HARI BALLAM SINGH ……Petitioners Versus THE STATE OF BIHAR……Opposite party ----------- 7. 11.12.2008. This revision has been preferred against the judgment and order dated 8.7.2008 passed by Additional District & Sessions Judge, Fast Track Court-IInd, Ara in Criminal Appeal No. 12 of 2004 thereby the judgment of conviction and sentence dated 12.3.2004 passed by Judicial Magistrate, Ist Class Ara in G. R. Case No. 2238 of 1996/ Trial No. 722 of 2004 has been confirmed. It appears that learned judicial magistrate vide aforesaid judgment dated 12.3.2004 has convicted all the accused persons under Sections 324,341,342/34 I.P.C. and sentenced them to undergo S.I. for one month under Section 341, S. I. for two months under Section 342 and S. I. for three months under Section 324 of the I.P.C. All the sentences are directed to run concurrently. Heard learned counsel for both the parties. Learned counsel for the petitioners presses this - 2 - application only on the point of sentence. It is submitted that this is a case of the year 1996. The petitioners have already suffered mental agony for more than 12 years. The petitioners have no criminal antecedent. Even I. O. has not been examined during course of the trial; therefore, it is a fit case in which the benefit of Probation of Offenders Act should be extended. It is further submitted that petitioner no. 7 Hari Ballam Singh has already served out the sentence awarded by the court below. Considered the submission of learned counsel for the petitioner and perused both the judgments. . These petitioners have no criminal antecedent. It is a case of the year 1996. The petitioners have already suffered mental agony for more than 12 years. Under the facts and circumstances, while affirming the order of conviction the sentence awarded to the petitioners are hereby set aside. The petitioner nos. 1 to 6 namely Chandra Deo Singh, Chain Kumar Kurmi, Jai Shankar Singh, Rama Shankar Singh, Chandra Shekhar Singh and Krishan Ballam Singh are directed to be released under Section 4 of Probation of Offenders Act on entering into a bond of Rs.1000/-(one thousand) each with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. The probation bond must be furnished within 15 days of the receipt of this order, - 3 - failing which the sentence shall stand. So far the petitioner no. 7 Hari Ballam Singh is concerned, since he has already served out the sentence this application against petitioner no. 7 has become infructuous. With the above modification, this Cr. Revision stands dismissed. Let this order be transmitted to the court below through fax on the cost of the petitioner. kanchan (Ghanshyam Prasad, J.)