Criminal Appeal (SJ) No.120 of 1997 Against the judgment and order of sentence dated 04. 04. 1997, passed by Shri Dharnidhar Jha, 2nd Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 37 of 1988/56 of 1989 1. Narendra Mishra, son of Diplal Mishra of Village- Sahiyara, P.S. Sahiyara, District-Sitamarhi. 2. Nagendra Singh, son of Ramdeo Singh of Village Bhup Bhairo, P.S. and District- Sitamarhi. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. For the Appellants. : Mr. Nirmal Kumar Sinha No. 3, Advocate. Mr. Arun Kumar, Advocate. For the Respondent State : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HONOURABLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellants and learned counsel for the State. 2. Nagendra Mishra and Nagendra Singh, appellants have been convicted for offence under Section 324/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three months. 3. Learned counsel for the appellants however, contends that occurrence is of the year 1987 and since then the appellants are suffering from trial and appeal and benefit of Section 360 Cr.P.C. and Probation of Offender Act has not been extended. 2 4. Hence, having regard to the facts and circumstances, I find and hold that appellants are entitled for benefit of Probation of Offender Act and Section 360 Cr.P.C. Hence it is hereby ordered that appellants be released on execution of bond of Rs. 1000/- (one thousand) each with two sureties of the like amount each for a period of one year for keeping peace and good behaviour and to appear in the court as and when required and if they violate the condition then they shall appear and receive the sentence. 5. With this modification, this appeal is dismissed. Patna High Court, The 14th July, 2011. NAFR/m.p. ( Gopal Prasad, J.)