IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43950 of 2010 GOPAL SINGH, S/O- LATE HEETLAL SINGH, R/O- VILLAGE YADUDHARAM CHHAPRA, P.S.- KANTI, DISTRICT- MUZAFFARPUR. Versus THE STATE OF BIHAR For the petitioner : Mr. K.N. Diwakar, Advocate For the State : Mr. R.N. Jha, APP ----------- 2 19.01.2011 Heard learned counsel for the parties. Present application has been filed seeking modification in the order dated 29.9.2010. By the aforesaid order, the revision application being Cr. Rev. No. 1347/2010 was dismissed without interfering with the judgment and order passed by the appellate Court in Cr. Appeal No. 8/2002. Learned counsel for the petitioner submits that in terms of the observation/direction made by the appellate Court, no benefit under Section 3 of the Probation of Offenders Act has been extended to the petitioner. It is further submitted that as per the order of the appellate Court as quoted in the order dated 29.9.2010, a direction be issued for release of the petitioner after execution of a bond under the Probation of Offenders Act. This Court, on a consideration of the materials on record, has affirmed the order of the appellate Court. The operative portion whereof is incorporated in paragraph 4 of the order passed by the learned 3rd Addl. Sessions Judge, Muzaffarpur in Cr. Appeal No. 8/2002. After hearing the parties, this Court is not inclined to modify the order. Petitioner would be well advised to approach 2 the Court below for implementation of the order of the appellate Court. The application stands disposed of. On the request of the petitioner, the order may be communicated through fax on depositing appropriate fee by the petitioner. pkj ( Kishore K. Mandal, J. )