IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1622 of 2009 1. DAROGA RAUT S/O RAMSHARAN RAUT R/O VILL.- MOTICHHAPAR, P.S.- CHANPATIA, DISTT.- WEST CHAMPARAN-----------------------------------------Petitioner. Versus 1. THE STATE OF BIHAR ----------- 3. 30.11.2009 Heard the parties. Petitioner is alleged for assaulting the informant by means of legs and fists after flinging resulting into fracture of backbone. Now the submission of the learned counsel for the petitioner is that differences were there in between the parties on the point of claim of Sisam tree as their own and in that course though the accused person came with garasa, lathi and sickle but none of the weapon was used rather legs and fists were used for causing assault. Rest of the co-accused have been given the privilege of Probation of Offenders Act but petitioner was not found entitled for the same. While circumstance was prevailing to give him the same privilege as neither there was criminal antecedent of the petitioner nor crime was such in which privilege under Probation of Offenders Act could be refused. It was differences in between the persons of parallel status and, as submitted, even no weapon was used. In that also petitioner remained in custody since 10.9.2009. So if the period undergone is assessed sufficient then also the benefit given to the rest of the accused can be equated. Keeping in view the circumstances stated above, in my view also, the period undergone is justified to be observed sufficient towards the sentence. The petition is partly allowed 2 minimizing the period undergone. Conviction awarded by the court below is affirmed. Petitioner is also exonerating to pay the fine amount. Let petitioner, who is an accused in Trial no.244 of 2007 arising out of Chanpatia P.S. case no.254 of 2001 corresponding to G.R. no.2986 of 2001, be released forthwith, if not wanted in any other case. Let this order be sent through fax to the court below, i.e., Judicial Magistrate, Ist class, Bettiah, at the cost of the petitioner. Sudip ( Mandhata Singh,J )