IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.102 of 2010 1. CHANDRA BALI RAI 2. DAROGA RAI ------------------- PETITIONERS Versus THE STATE OF BIHAR . ----------- 3 11.2.2010 Heard learned counsel for the parties. This revision application is directed for against the judgment and order dated 22.2.2008 passed by Additional Sessions Judge, F.T.C. II, Bettiah in Criminal Appeal No. 71/1996 who has dismissed the appeal and confirmed the judgment and order dated 22.8.1996 passed in G.R.No. 1539/88/Trial No. 692/96 by Sub-Divisional Judicial Magistrate, Bettiah whereby petitioners have been convicted and sentenced to undergo R.I. of three months under section 323 IPC. The submission of learned counsel for the petitioners is that the parties are Gotias. Petitioners have no criminal antecedent even then they remained in custody since 15.12.2009. The incident is of the year 1988. Petitioners are first offender having no previous enmity. Petitioners are awarded punishment for three months under section 323 IPC. Learned counsel submits that the period 2 of custody of petitioners can be observed sufficient towards their sentence. In my view, also discussed suggested circumstance, entitles petitioners for modification on the point of sentence. This revision application is partly allowed on the point of sentence and judgment and order passed by both the courts below is hereby affirmed. The period of sentence is reduced to the period already undergone by petitioner. Petitioners shall be released from custody in the aforesaid case, if not wanted in other case. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)