IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.813 of 2008 MAHENDRA YADAV Versus THE STATE OF BIHAR ----------- 2. 11.8.2008. This revision has been preferred against the order dated 27.6.2008 passed by Sessions Judge, Aurangabad in Cr.Appeal No.2 of 2005 thereby the judgment of conviction and sentence passed by Sujit Kumar Singh, Judicial Magistrate, Ist Class, Aurangabad in G.R. No.1772 of 1997, Tr. No.1323 of 2005 has been confirmed. The learned Magistrate has convicted the petitioner under section 414 I.P.C. and has sentenced to undergo R.I. for one year vide order dated 27.1.2005. Heard the learned counsel for the petitioner. The learned counsel for the petitioner prefers to make submission only on point of sentence. It is submitted that the petitioner bonafidely purchased the stolen calves from another person. There is no criminal antecedent against him. Earlier also the petitioner had remained in jail custody for more than one month. It is further submitted that the court below in the facts and circumstances of the case ought to have given the benefit of provisions of Probation of Offenders Act being the first offence of the petitioner. The learned counsel for the State has no objection if the petitioner is given benefit of provisions of Probation of Offenders Act. Thus, having regard to the facts and - 2 - N.H./ circumstances of the case, the sentence awarded to the petitioner is hereby modified and the petitioner is directed to be released under section 4 of the provisions of Offenders Act on his furnishing bond of Rs.2,000/-(two thousand) with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. Accordingly, this application is allowed in part as indicated above and the judgment of the courts below are modified to that extent. The petitioner must furnish the probation bond as directed within fortnight of receipt of this order in court below. Let a copy of this order be sent to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )