IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1902 of 2009 KAMLESH SINGH, S/o late Jagat Singh, R/o Vill. Khaprahi, P.S. Nawadah, District- Nawadah. Versus The STATE OF BIHAR ------ 4/ 08.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. By referring the circumstance that Car was being driven by the D.I.G. may have experience and skill of driving also but no driving license is produced nor any witness came to show that he was driving-license holder. Even then petitioner’s negligence has been observed reason behind the accident. He has been convicted and sentenced for a period of two years under Section 304A of the I.P.C. According to the learned counsel, it is a clear case in which petitioner was entitled relief under the Probation of Offenders Act either release after admonition or release after execution of bond. However, petitioner remained in custody for a period of more than four months. His last submission is that at least petitioner can be released finding the period undergone by him sufficient towards sentence. I agree with the submission advanced by the learned counsel for the petitioner. Petitioner has remained in custody for a period of more than four months. So, any relief under the Probation of Offenders Act is not going to favour him but he is entitled for liberal approach on the point of sentence. 2 Accordingly, the revision application is partly allowed and the sentence is modified and minimized to the period undergone by the petitioner. Petitioner is directed to be released forthwith, if not wanted in any other case. Rest of the Judgment and order dated 16.10.2009 passed by the Additional Sessions Judge, F.T.C. No.2, Nawadah in Cr. Appeal No. 19 of 2002/22 of 2009 and the Judgment and order dated 01.03.2002 passed by the J.M., Ist Class, Nawadah are hereby affirmed. shail (Mandhata Singh, J.)