Patna High Court
Sobha DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANJAY KUMAR SINGH
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The criminal revision is dismissed as withdrawn; the petitioner may file a fresh revision with a surrender certificate.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 Consequently, the court dismissed the revision as withdrawn and directed the return of the certified copies of the earlier judgments.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
- Bihar Negotiable Instruments Act (BNSS) — s. 438, 442
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
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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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