IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.646 of 2008 BENGA MARIK & ORS Versus THE STATE OF BIHAR ----------- 4. 15.07.2008. Heard learned counsel for the petitioners and the State. 2. This Cr. Revision application is directed against the judgment and order dated 18.4.2008 passed by the Additional District & Sessions Judge, Fast Track Court No.-5, Jamui in Criminal Appeal No. 01 of 2005, whereunder the learned Additional District & Sessions Judge has confirmed the judgment dated 7.1.2005 passed by Sri Barhu Prasad, Judicial Magistrate, 1st Class, Jamui in G.R.Case No. 410 of 1994/Tr.No. 2918 of 2004/01 of 2005 convicting the petitioners under Sections 467 and 468 of the Penal Code and sentencing them to undergo rigorous imprisonment for two years and one year under the two counts. The sentence, however, has been directed to run concurrently. 3. Having heard counsel for the petitioners, I am satisfied that the findings recorded by the two courts below that petitioner nos. 1 to 3 executed sale deed in favour of Mehboob, since deceased, over which petitioner no.4 is a witness subject matter whereof is the purchased land of the complainant/informant is based on reliable evidence, as such, is not required to be interfered with, however, considering the age of petitioner nos. 1, 3 and 4, namely, Benga Marik, Bhagwatia Devi and Md. Ismail @ Ismail, recorded in the judgment of the trial court, they are directed to be released forthwith - 2 - in connection with G.R.Case No. 410 of 1994, Tr.No. 2918 of 2004/01 of 2005, if not wanted in any other case, on execution of bond of Rs. 5000/- (Five thousand) each for maintaining good conduct during the period of sentence as on the date of judgment of the trial court they were 72, 62 and 58 years of age. So far petitioner no.2, namely, Jagat Marik is concerned it is submitted that on the date of judgment of the trial court he was 24 years of age but as it is his first conviction, he should also be releasedon furnishing bond. Accordingly, petitioner no.2 is also directed to be released forthwith in connection with G.R.Case No. 410 of 1994, Tr.No. 2918 of 2004/01 of 2005, if not wanted in any other case, on execution of bond of Rs. 5000/- (Five thousand) for maintaining good conduct during the period of sentence. 4. This Cr. Revision application is, accordingly, disposed of. 5. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)