IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1664 of 2009 Hemant Kumar Mishra @ Hemu S/O Late Suryakant Mishra, R/O Vill-Dhakjari, P.S-Arer, Distt- Madhubani. ….Petitioner Versus The State of Bihar …..Opposite Party ----------- 2. 25.11.2011 The petitioner has preferred this revision application against the order dated 19.05.2009 passed by learned Additional Sessions Judge, F.T.C.V, Madhubani in Cr. Appeal No.122/1998 by which he has been pleased to dismiss the appeal preferred by the petitioner and confirmed the judgment and order dated 31.08.1998 passed by the learned Judicial Magistrate, Ist Class, Madhubani in T.R.No.16/1998, G.R. No.1087/1990 arising out of Benipatti (Arer) P.S. Case No.154/1990 by which the petitioner has been convicted under Sections 147, 341, 323 and 324 of the I.P.C. and instead of sentencing them, the learned Magistrate order to release the accused petitioners under Section 4 of the Probation of Offenders Act after filing bond of Rs.3000/- with one surety to keep peace and good behaviour for a period of one year. The prosecution case, in brief, is that the informant Shankar Mishra was sitting at Chouraha. On 16.06.1990 at about 7 P.M. Chouthi Paswan (P.W.4) co-villager of the 2 informant informed him that his son Nirmal Kumar Mishra told that Chandra Kant Mishra and his brother, nephew, sons assaulted him with Lathi, Bhala and Barchha and he was lying unconscious in the field. It is further alleged that the occurrence took place at 6.30 P.M. at the field situated south side of the village. The informant with Chunchun Jha rushed to the place of occurrence and found that Nirmal Kumar Mishra was besmear with blood, he had sustained injury on right hand, back side, chest, stomach and on head and blood was oozing out. Nirmal Kumar Mishra did not speak anything to him when he interrogated. The informant, Chunchun Jha, Biltu Mishra, Gaurikant Jha took injured to Benipatti Hospital where he was senseless and referred to D.M.C.H. On the basis of written report of the informant, Benipatti (Arer) P.S. Case No.154/1990 was instituted against accused Chandra Kant Mshra and his brother, son and nephew for the offence under Sections 341, 323, 324, 307/34 of the I.P.C. After investigation, charge-sheet was submitted against Chandra Kant Mishra, Krishna Kant Mishra, Sanjeev Kumar Mishra, Niranjan Kumar Mishra and Hemu @ Hemant Kumar Mishra for the offence punishable under Sections 147, 148, 341, 323, 324, 307 and 379 of the I.P.C. Cognizance was 3 taken. After trial, the petitioner has been convicted under Sections 147, 341, 323 and 324 of the I.P.C. and instead of sentencing them, the learned Magistrate passed order to release the accused petitioners under Section 4 of the Probation of Offenders Act after filing bond of Rs.3000/- with one surety to keep peace and good behaviour for a period of one year and came to court for receiving sentence when called for. Thereafter, the petitioner filed Cr. Appeal No.122/1998, which was dismissed by the impugned order. Heard Mr. Malay Kumar Choudhary, the learned counsel for the petitioner and Mrs. I.B.Pandey, the learned counsel for the State. In view of the submission made by the learned counsel for the petitioner that after passing of the order dated 31.08.1998, the petitioner has not indulged in any overt act and the period of bond has already been expired, no coercive steps will be taken against the petitioner for execution of bond. With this modification, this revision application stands disposed of. V.K. Pandey ( Amaresh Kumar Lal, J.)