IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.978 of 2008 1. SUDAMA SINGH 2. INDRAJEET SINGH 3. RAJU SINGH ; PETITONERS Versus STATE OF BIHAR ; OPPOSITE PARTY ----------- 3 24.11.2008 This revision application has been preferred against the judgment and order dated 29.4.2008 passed by 1st Additional District and Sessions Judge, Swan in Criminal Appeal No. 01 of 2006 thereby the judgment of conviction and sentence dated 17.12.2005 passed by Sri Saghir Alam, Judicial Magistrate, 1st Class, Siwan in Trial No. 554 of 2005 has been affirmed. It appears that the learned Magistrate has convicted the petitioners under Section 379 and 411 of the Indian Penal Code and has sentenced them to undergo rigorous imprisonment for eighteen months under Section 379 I.P.C. No separate sentence has been awarded under Section411 of the Indian Penal Code. Heard learned counsel for the petitioners. Learned counsel for the petitioners presses this application only on the point of sentence. It is submitted that there is land dispute between the parties. It is a case of theft of crops. The petitioners have no criminal history. Therefore, the court below ought to have extended the benefit of provision of Probation of offenders Act to the petitioners instead of awarding substantive sentences. Considered the submission of learned counsel for the petitioners. Perused the impugned judgment of courts below. - 2 - This is a case of crops cutting There is land dispute between the parties. The petitioners have no criminal antecedent. Under the facts and circumstances of the case, I am also of the view that it is an appropriate case in which the benefit of Probation of Offenders Act should be extended to the petitioners. In the result, while confirming the order of conviction against the petitioners, the sentence awarded to them is hereby set aside. The petitioners are directed to be released under Section 4 of Probation of Offenders Act on furnishing bond of Rs. 2000/-(Two thousand) each of the like amount to the satisfaction of the court below for a period of one year to maintain peace and to be of good behaviour. They are directed to furnish bond within fifteen days of receipt of this order failing which the sentence awarded to them shall stand. B.Jha (Ghanshyam Prasad)