IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1571 of 2009 1. MAHAVIR CHAUDHARY,son of late Bhola Chaudhary 2. Sant Bilas Chaudhary alias Sant Belas Choudhary,son of late Bhola Chaudhary Both resident of village- Manihari,P.S.-Dinara,Dist.-Rohtas. 3. Daroga Chamar @ Daroga Chaudhary,son of Sri Ram Chamar 4. Ram Barai Ram alias Ram Barai Chamar,son of late Sumeshwar Chamar. Both resident of village-Gangarhi, P.S.-Dinara,Dist.-Rohtas .. Petitioners Versus 1. THE STATE OF BIHAR 2. Bainkunth Rai,son of Ram Gahan Rai, resident of village-Gangarhi,P.S.- Dinara,Dist.-Rohtas .. Opp.Parties ----------- For the Petitioners : M/s Sudama Singh & Rajnikant Singh, Advocates For the State : Mr. Gopesh Kumar,APP ------------ 03/ 16-11-2009 Heard learned counsel for the petitioners and the State. This revision application has been filed against judgment dated 03-07-2009 passed by the Additional District & Sessions Judge- F.T.C.-Ist, Sasaram Rohtas in Cr.Appeal No.340 of 1986 by which he has dismissed the appeal confirming the conviction but reducing the period of sentence from two years to one year under Section 458 of the Penal Code and from one year to six months under Section 380 of the Penal Code. Cr.Appeal No.340/1986 was filed against the judgment of conviction and order of sentence dated 01-09-1986 passed by the Judicial Magistrate, Ist Class, Sasaram, Rohtas in G.R.Case No.204 of 1983, Trial No.860 of 1986 by which he had convicted the petitioners under Sections 458 and 380 of the Penal Code and awarded them 2 sentence to undergo rigorous imprisonment for two years for the charge under Section 458 of the Penal Code and also to undergo rigorous imprisonment for one year for the charge under Section 380 of the Penal Code and both the sentences are directed to run concurrently. As submitted petitioners remained in custody since 16.9.2009 in a case for the offences under Sections 458 and 380 of the Penal Code while land dispute was there in between the parties and incident, if any, took place in the year 1983. So, the period undergone, in my view also will meet the ends of justice, if so modified. This revision application is partly allowed on the point of sentence, which is reduced to the period undergone for both the offences and confirmed on the point of conviction. As the petitioners (1) Mahavir Choudhary, (2)Sant Bilas Chaudhary @ Sant Belas Choudhary, (3)Daroga Chamar @ Daroga Chaudhary and (4)Ram Barai Ram @ Ram Barai Chamar are in custody, they are directed to be released forthwith, if not required in any other case. Let the order be communicated through fax at the cost of the petitioners. AH/ ( Mandhata Singh, J. )