Razi Alam @ Razee Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1065 of 2018 Arising Out of PS. Case No.-275 Year-2012 Thana- BAHERA District- Darbhanga ====================================================== 1.

Razi Alam @ Razee Alam S/o Late Kafil, resident of Village Hariyath, P.S. Alinagar, District- Darbhanga.

2.

Md. Kumruddin Azad @ Heera Babu @ Kamruddin S/o Kutubuddin Ansari @ Md. Kutabuddin, resident of Village Hariyath, P.S. Alinagar, DistrictDarbhanga. 3.

Arun Kumar Sah S/o Kameshwar Sah @ Kameshwar Sahu, R/o Vill.- Hariyath, P.S.- Alinagar, District- Darbhanga. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.

For the State :

Mr. Akhileshwar Dayal,APP For the informant :

Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2022 No one appears for the petitioners to press this application.

On perusal of the impugned judgment, it appears that the petitioners have been found guilty under Sections 341, 323 and 504/34 IPC but they have been released by giving the benefit of Section 3 of Probation of Offenders Act in connection with Bahera P.S. Case No. 275 of 2012.

Section 12 of the Probation of Offenders Act reads as under:

"12. Removal of disqualification attaching to conviction.-Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any,

Patna High Court CR. REV. No.1065 of 2018(7) dt.28-07-2022 2/2 attaching to a conviction of an offence under such law:

Provided that nothing in this section shall apply to a person who, after his release under section 4 is subsequently sentenced for the original offence." The informant has entered appearance on her own through Mr. Pankaj Kumar Jha, learned Advocate. Learned counsel does not dispute that by virtue of Section 12 as quoted hereinabove there will be no disqualification attached to the said conviction.

In any view of the matter, since no one appears for the petitioners, this application is dismissed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.