IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1153 of 2008 1. DHIRO MIAN @ AHMAD MIA, 2. GULO MIAN AND 3. ISHAQUE MIAN ……. Petitioners Versus STATE OF BIHAR ….. Opposite Party ----------- 3. 5.12.2008. This revision has been preferred against the judgment and order dated 30th August,2008 passed by F.T.C.V, Khagaria in Cr. Appeal No.12 of 1997 thereby the conviction and sentence dated 27th January,1997 passed by the Ist Assistant Sessions Judge, Khagaria in Sessions Trial No.169 of 1992 has been affirmed. It appears that five persons including these petitioners faced trial before Assistant Sessions Judge. Vide above judgment dated 27th January,1997, he convicted all the accused persons including these petitioners under section 323 I.P.C. as well as either under section 147 or 148 of the I.P.C. Two of the accused persons were released under section 4 of Probation of Offenders Act. However, these three petitioners were awarded sentence of one year R.I. under both the sections. Heard the learned counsel for both the parties. The learned counsel for the petitioners presses this Cr. Revision only on the point of sentence. It is submitted by the learned counsel that two accused persons having similar accusations were released on Probation of Offenders Act. However, these three petitioners were refused to be granted benefit of the Probation of Offenders Act. This is a case of the year 1992. The petitioners have already suffered mental agony for a - 2 - N.H./ period of 16 years in such a petty nature of cases. This is the first offence of the petitioners. There is no criminal antecedent against them. Considered the submission of the learned counsel for the petitioners. Perused the judgment of both the court. Having regard to the facts and circumstances, I am also of the view that the petitioners should be extended the benefit of Probation of Offenders Act. Accordingly, while confirming the conviction of the petitioners, the sentence awarded is hereby set aside and they are directed to be released under section 4 of Probation of Offenders Act on furnishing bond of Rs.3,000/- with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. The probation bond must be furnished within two weeks of receipt of this order in the lower court, failing which the sentence awarded against these petitioners shall stand. Accordingly, this revision is dismissed with above modification in the sentence. Let this order be communicated to the court below through fax on cost being deposited by the petitioners. ( Ghanshyam Prasad )