IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.621 of 2008 1. KANHAIYA SINGH 2. ASHOK SINGH BOTH S/O LATE SHEO LOCHAN SINGH 3. RAMDENI SINGH, S/O LATE UDHARI SINGH, ALL R/O OF VILL. DUMARA KALA, P.S. GAUTAM BUDH NAGAR, DIST. SIWAN. ---- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY For the Petitioners : Mr. Anjani Kumar, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 06.08.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners herein are aggrieved by the appellate order dated 10th April, 2008, passed on criminal appeal no. 19 of 1995. By this order, learned Court has found and held that conviction recorded against petitioner no.1 under Section 324/34 of the Penal Code and against petitioner nos. 2 and 3 under Section 323/34 of the Penal Code do not call for any interference as they are based on legal and correct appreciation of the evidence brought on record by the prosecution. In paragraph no. 24 of the order learned lower appellate Court has found that releasing the petitioners in terms of Section 360/361 of the Code of Criminal Procedure was not in accordance with law in view of pronouncement of this Court in a case whereby it has been held that Section 360 of the Code is not applicable in the State of Bihar. Learned lower appellate Court has, thus, observed/directed as 2 under:- “…..Learned Lower Court is directed to call for a report from Probational Officer, Siwan about the conduct of accused persons and thereafter released them as per the instant judgment dt. 29.4.95 passed by the Learned Judl. Magistrate, Ist Class, Siwan under the provision of Sec. ¾ respectively of Probation of Offenders Act, 1958. Accordingly, the last operative portion of the judgment passed by the Learned Lower Court is modified and this appeal is dismissed on contest.” This Court does not find any illegality in the aforesaid order of the learned lower appellate Court whereby the appellants/petitioners have been found entitled to be released in terms of provision of the Probation of Offenders Act but after obtaining a report from the concerned Probation Officer. This Court is thus not inclined to interfere with the aforesaid part of the observation/direction of the learned lower appellate Court. The application is, accordingly, disposed of. Sym ( Kishore K. Mandal, J.)