Criminal Appeal (SJ) No.157 of 1998 Against the judgment and order of sentence dated 31.03. 1998. passed by Shri S. Prasad, 7th Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 305 of 1990. 1. Jagdish Prasad . 2. Bijendra Prasad. 3. Bindeshwari Prasad. All sons of Sheo Prasad, resident of Village- Dhangai, Police Station- Bikramganj, District- Rohtas at Sasaram. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. For the Appellant. : Mr. Vikram Deo Singh, Advocate. Mr. Dharmendra Kumar Singh, Advocate. For the Respondent State : Mr. Uday Chand Prasad, A.P.P. PRESENT THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellants have been convicted for offence under Section 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. 3. However, benefit under Section 360 Cr.P.C. has not been given to the appellants and no reason has been assigned as to why the benefit under Section 360 Cr.p.C. has not been given when it was found that appellants have no criminal antecedent. 4. Having regard to the fact and circumstance, 2 benefit under Section 360 Cr.P.C. is extended to the appellants and the appellants is ordered to be released on due admonition. Hence the appeal is allowed in part. Patna High Court, The 10th August, 2011. NAFR/m.p. ( Gopal Prasad, J.)