IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.614 of 2008 NAKAT YADAV & ORS Versus STATE OF BIHAR ----------- 2. 03.07.2008. Heard learned counsel for the petitioners and the State. 2. Petitioner No. 1 has been convicted for the offence under Sections 341 and 324 of the Penal Code and has been sentenced to undergo simple imprisonment for one month and two years under the two counts. Petitioner Nos. 2 to 4 have been convicted under Sections 341 and 323 of the Penal Code and have been sentenced to undergo simple imprisonment for one month and six months each under the two counts. Both the sentences have been directed to run concurrently. The aforesaid conviction and sentence has been awarded under judgment dated 18th May, 2002 passed by Shri Udai Bhan Dwivedi, Judicial Magistrate, 1st Class, Jamui in G.R.No. 390 of 1995, Trial No. 320 of 2002 and has also been affirmed in appeal under judgment dated 30th May, 2008 passed by the Additional District & Sessions Judge, F.T.C.-IV, Jamui in Criminal Appeal No. 90 of 2002. 3. By filing the present revision application petitioners are questioning the findings recorded by the trial court/appellate court on the ground that while passing the impugned judgment the courts below did not consider the fact that the petitioners are the first offender and have never been convicted before for any offence and ought to have been allowed benefit under Sections 360 and 361 of the Cr.P.C. as also Section 4 of the Probation of Offenders Act. 4. From perusal of the judgment of the two courts below it - 2 - does not appear that the aforesaid ground that the case of the petitioner was required to be considered in the light of the provisions contained in Sections 360 and 361 of the Cr.P.C. as also Section 4 of the Probation of Offenders Act have been considered. In the circumstances, appreciating the findings recorded against them that they assaulted the informant by means of lathi as also the fact that present is their first conviction, while maintaining their conviction, it is directed that they, namely, (1). Nakat Yadav, (2). Brahma @ Brahmdeo Yadav, (3). Jago Yadav and Parmeshwar Yadav @ Binda Yadav @ Bino Yadav be released in connection with G.R.No. 390 of 1995/ Trial No. 320 of 2002, if not wanted in any other case, on execution of bond of Rs. 5,000/- (Five thousand) in the court below (Sri Udai Bhan Dwivedi, Judicial Magistrate, 1st Class, Jamui) for maintaining good conduct for the period of their sentence. 5. This Cr. Revision application is, accordingly, disposed of. 6. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)