IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.522 of 2010 1. SHEIKH SERAJ ALAM @ NAGU son of late Sk. Wasi Ahmad 2. Ejaj @ Gudar son of late Sheikh Wasi Ahmad Both are residents of vill.-Bhakurhar, P.S.-Nairgania, Distt.-Sitamarhi------------ -----------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ------------ 2. 13.4.2010 Heard the parties. Petitioners are pattidars of the informant. Dispute was for a wall which was partly demolished and in that continuation some incident took place and petitioners have been convicted and sentenced for the offence under sections 323 and 337 of the Indian Penal Code. Petitioner nos.1 and 2 are sentenced for three and four months respectively which was to run concurrently along with fine of Rs.500/- and Rs.300/- respectively. It is submitted by the learned counsel for petitioners that petitioners were the first offenders and entitled for relief under the Probation of Offenders Act but sentenced and remaining in custody since 22.3.2010 if that is observed sufficient towards sentence can also resolve the purpose of justice. I also agree with the learned counsel. Accordingly, the revision petition is partly allowed. Sentence is modified and minimized to the period undergone and rest of the judgment including conviction is affirmed. Petitioners are directed to be released forthwith, who are accused in G.R. no. 779 of 2000, Trial no.1136 of 2005 arising out of Bairgania P.S. case no.65 of 2000, if not wanted in any other case. Petitioners are exempted from realization of fine awarded by the court below. Sudip ( Mandhata Singh, j. )