IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.395 of 2010 1. SAGAR DAS S/o Bulak Das 2. Jagdish Das S/o Kamal Das 3. Baldeo Das Baidyanath Das 4. Mahendra Das S/o Baldeo Das 5. Dhobi Das S/o Palta Das All residents of Village-Khadiyahi, P.S. Bibhutipur, District Samastipur (Bihar) Versus The STATE OF BIHAR ------ 3/ 08.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. This revision petition is pressed on the point of sentence only submitting that land dispute was there in between the parties for the incident of the same day. A case was filed on behalf of the petitioners’ side though that was ended in acquittal. So, the circumstance was prevailing to give benefit of Probation of Offenders Act to petitioners but they are sentenced for one year to Petitioner no.1 for the offence under Section 325 read with section 149 of the I.P.C. and rest petitioners have been sentenced for six months each for the offence under Sections 147 and 323/149 of the I.P.C. but both sentences were to run concurrently. Now, submission of the learned counsel for the petitioners is that petitioners remained in custody since 09.03.2010, on the date of their surrender before 2 filing of this revision petition. If that is observed sufficient towards sentence, that would meet the ends of justice. I agree with the submission of the learned counsel for the petitioners. Accordingly, the revision petition is partly allowed, period already undergone by petitioners is observed sufficient towards sentence and the petitioner is directed to be released forthwith, if not wanted in any other case. Rest of the Judgment and order dated 17th August, 1998 passed in T.R. No. 202 of 1998 arising out of Bibhutipur P.S. Case No. 83 of 1994 corresponding to G.R. No. 378 of 1994 passed by the J.M., Ist Class, Rosera, Samastipur and the order dated 16th January, 2010 passed in Cr. Appeal No. 110 of 1998 by the Additional Sessions Judge, Rosera, Samastipur are hereby affirmed. Let the order be communicated to the trial court through F.A.X. at the cost of the petitioners. shail (Mandhata Singh, J.)