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Patna High Court

Sobha DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The criminal revision is dismissed as withdrawn; the petitioner may file a fresh revision with a surrender certificate.

Summary

Sobha Devi, convicted in 2014 and whose conviction was affirmed by the Additional Sessions Judge in 2025, filed a criminal revision under Sections 438 and 442 of the BNSS without having surrendered to the court. The State objected, noting the absence of a surrender certificate, and the petitioner also sought bail during the pendency of the revision. The High Court observed that the petitioner was not in custody, rendering bail unnecessary, and held that a revision cannot be maintained without a surrender certificate. The petitioner was allowed to withdraw the present revision and file a fresh one with the required surrender certificate, an approach the State did not oppose. Consequently, the court dismissed the revision as withdrawn and directed the return of the certified copies of the earlier judgments.

Issues considered

  • Whether a criminal revision under Sections 438 and 442 of the BNSS is maintainable without the petitioner’s surrender certificate.
  • Whether bail can be granted to a petitioner who is not in custody during the pendency of a criminal revision.

Legislation cited

Subjects

  • criminal revision
  • surrender certificate
  • bail
  • procedural law
  • conviction
  • appeal
  • Section 438
  • Section 442
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL REVISION No.1014 of 2025
                      Arising Out of PS. Case No.-61 Year-2010 Thana- DHORAIYA District- Banka
                 ======================================================
                 Sobha Devi W/o- Sh. Jagat Razak Resident of village- Babura Ps- Dhankund
                 District-Banka
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mrs. Archana Jha, Advocate
                 For the Respondent/s   :        Mr. Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                 Heard learned counsel for the petitioner and learned

                   APP appearing on behalf of the State.

                               2. The instant Criminal Revision under Section 438

                   read with Section 442 of BNSS has been preferred by the

                   petitioner, Sobha Devi against the judgment and order of her

                   conviction dated 20.09.2014 passed by the learned Judicial

                   Magistrate 1st Class, Banka (Trial Court) in G.R. Case No. 1065

                   of 2010/ Trial No. 2636 of 2014 as well as judgment and order

                   dated 30.07.2025 passed by learned Additional Sessions Judge,

                   1, Banka (Appellate Court) whereby judgment and order of

                   conviction dated 20.09.2014 has been confirmed.

                               3. At the outset, learned APP appearing on behalf of

                   the State pointed out that instant Criminal Revision has been

                   preferred by the petitioner without surrendering.

                               4. Hence, Office has pointed out the defect that
Patna High Court CR. REV. No.1014 of 2025(3) dt.06-04-2026
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          surrender certificate of the petitioner has not been filed along

          with this.

                       5. Much emphasis has been given by contending that

          instant Criminal Revision filed on behalf of the petitioner is not

          maintainable without filing surrender certificate.

                       6. On putting query in this regard, learned counsel for

          the petitioner does not dispute the objection raised on behalf of

          the State and submits that till date petitioner has not surrendered

          and for that the petitioner has filed I.A. No. 1 of 2025 seeking

          exemption of her surrender.

                       7. From perusal of record, I find that one of the prayer

          of the petitioner is that she may be released on bail during

          pendency of this Criminal Revision.

                       8. This Court is of the view that, if the petitioner is not

          in jail and she is out of jail then, there is no question of granting

          bail to her. As such relief as sought for by the petitioner so far as

          prayer for bail is concerned cannot be granted at this stage.

                       9. At this stage, learned counsel for the petitioner

          submits that petitioner may be allowed to withdraw this

          Criminal Revision with liberty to file fresh Criminal Revision

          along with surrender certificate of the petitioner.

                       10. Learned counsel appearing on behalf of the State
           Patna High Court CR. REV. No.1014 of 2025(3) dt.06-04-2026
                                                       3/3




                     does not have any objection to such prayer.

                                  11. In view of the above, the instant Criminal

                     Revision is dismissed as withdrawn/ not pressed with liberty as

                     prayed for.

                                  12. Office has directed to return the certified copy of

                     judgment and order dated 20.09.2024 and 30.07.2025 as well as

                     vakalatnama to the counsel for the petitioner within two days

                     after retaining the xerox copy of the same on record.

                                  13. It is made clear that in case fresh Criminal

                     Revision is filed by the petitioner, this order will not come in the

                     way in deciding the matter on its merit.



                                            (Sanjay Kumar Singh , J)
Raj Ranjan/-
U


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