IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1264 of 2007 SONA RAM BISHWAS & ANR Versus STATE OF BIHAR ----------- 2. 13.08.08. This revision application has been filed against the judgment and order of conviction and sentence dated 30.7.2007, passed by Shri Bipin Bihari Lal, Addl. District & Sessions Judge, Fast Track Court No.III, Katihar in Sessions Trial No. 137 of 2004, thereby court below has convicted the Petitioner No.1 under Section 324 of the I.P.C and sentenced him to undergo R.I. for a period of two months. However, Petitioner No. 2 has been directed to be released after furnishing Probation Bond of Rs. 1,000/- with one surety of the like amount under Section 4 of Probation of Offenders Act for a period of one year on the condition that he shall maintain peace and be of good behaviour during the aforesaid period. Heard learned counsel for the petitioners. It is submitted that there is almost similar allegation against both the petitioners. The court below has acquitted both the petitioners under Section 307 I.P.C. but sentenced them under Section 324 I.P.C. There is no valid ground for refusal to give benefit of provision of Probation of Offenders Act to the petitioner No.1 also. So far order of conviction is concerned the learned counsel did not challenge it. Considered the above submissions and perused the impugned judgment. Having regard to facts and circumstances of the case, I am of the view that Petitioner No.1 Sona Ram Biswas should also be given benefit of provisions of Probation of Offenders Act. - 2 - Accordingly, the sentence awarded to Sona Ram Bishwas is hereby modified and he is directed to be released on furnishing Probation Bond of Rs. 1,000/- (One thousand) with one surety of the like amount Under Section 4 of Probation of Offenders Act for a period of one year on the condition that he shall maintain peace and be of good behaviour during the aforesaid period. Probation Bond must be furnished within fifteen days before the court below after receipt of this Court’s order. This revision application is accordingly disposed of at the admission stage with above modification in sentence. M. Pal. (Ghanshyam Prasad,J).