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Patna High Court

Radhe Shyam SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The criminal revision is dismissed because the petitioners failed to surrender and no exemption from surrender can be granted under the applicable rules.

Summary

The petitioners were convicted under several sections of the IPC and sentenced to simple imprisonment. Their criminal appeal was dismissed with an order to surrender within 30 days, which they ignored and instead filed a criminal revision under Sections 438 and 442 of the B.N.S.S, 2023. The High Court had earlier directed them to file a surrender certificate within eight weeks under Rule 57A of the Patna High Court Rules, but they failed to comply. The petitioners also sought exemption from surrender and bail, arguing they were not in custody. The Court held that Rule 57A does not permit exemption from surrender and, following the Supreme Court’s decision in Daulat Singh, the revision could not be entertained without a surrender certificate. Consequently, the revision was dismissed and a non‑bailable warrant was ordered against the petitioners.

Issues considered

  • Whether a criminal revision can be entertained without the filing of a surrender certificate under Rule 57A of the Patna High Court Rules.
  • Whether the court can grant exemption from surrender to convicts filing a revision.
  • Whether bail can be granted in a revision when the petitioners are absconding.

Legislation cited

Subjects

  • criminal revision
  • surrender certificate
  • Rule 57A
  • non‑bailable warrant
  • IPC offences
  • bail
  • absconding
  • appellate procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL REVISION No.58 of 2025
                       Arising Out of PS. Case No.-394 Year-2014 Thana- DARIGAON District- Rohtas
                  ======================================================
             1.    Radhe Shyam Singh Son of Late Vishwanath Singh Resident of Village -
                   Siguhi, P.S. - Darigaon, District - Rohtas
             2.   Raj Vansh Singh Son of Late Vishwanath Singh Resident of Village - Siguhi,
                  P.S. - Darigaon, District - Rohtas
             3.   Manti Kumar @ Angad Kumar Son of Saheb Singh Resident of Village -
                  Siguhi, P.S. - Darigaon, District - Rohtas
             4.   Vijay Singh @ Vinay Singh @ Vinay Kumar Son of Raj Vansh Singh
                  Resident of Village - Siguhi, P.S. - Darigaon, District - Rohtas
             5.   Amrendra Kumar Son of Siyaram Singh Resident of Village - Siguhi, P.S. -
                  Darigaon, District - Rohtas
             6.   Bhanu Pratap Singh @ Bhanu Pratap Kumar Singh Son of Raj Vansh Singh
                  Resident of Village - Siguhi, P.S. - Darigaon, District - Rohtas
             7.   Pankaj Kumar @ Pankaj Singh @ Pawan Kumar Son of Saheb Singh
                  Resident of Village - Siguhi, P.S. - Darigaon, District - Rohtas

                                                                                   ... ... Petitioner/s
                                                        Versus

             1.   The State of Bihar
             2.   Govind Singh S/O Shiv Singh R/O Village- Singuhi, P.S- Darigaon, Distt.-
                  Rohtas.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Shree Niwas Singh, Advocate
                  For the Respondent/s    :        Mr.Ahmad Ali, APP
                                                   Mr.Ashutosh Tripathy, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                        ORAL ORDER

11   12-03-2026 1.Shorn of unnecessary details, the facts leading to the filling of

                    this criminal revision, in brief are that the petitioners are

                    accused and they have faced trial arising out of Sasaram P.S.

                    Case No.394 of 2014 under Sections 147, 148, 341, 323, 324,

                    325, 504, 379, 354 of the IPC.
Patna High Court CR. REV. No.58 of 2025(11) dt.12-03-2026
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          2. Learned Additional Chief Judicial Magistrate-IV, Rohtas,

          Sasaram by the judgment and order dated 19.08.2019 passed in

          G.R. Case No.840 of 2014 (Trial No.164/19/C.I.S. No.-

          833/2014) convicted and sentenced the petitioners, which are as

          under:-

          (a)-01 year simple imprisonment for the offence under Section

          147 of the IPC,

          (b)-06 month simple imprisonment for the offence under

          Section 323/149 of the IPC,

          (c)-02 Years’ simple imprisonment for the offence under Section

          325/149 of the IPC with a fine of Rs.2000/- to each petitioners,

          in default of payment of fine, additional simple imprisonment

          for two months,

          (d)-02 months simple imprisonment for the offence under

          Sections 341/149 of the IPC with further direction that all the

          aforesaid sentences shall run concurrently.

          3. Being aggrieved by the above judgment and order dated

          19.08.2019,       petitioners      have preferred Criminal Appeal

          No.59/2019 before the Court of District and Additional Sessions

          Judge-X, Rohatas, Sasaram which came to be dismissed vide

          judgment and order dated12.11.2024 confirming the judgment

          and order dated 19.08.2019 of the learned Magistrate (trial
Patna High Court CR. REV. No.58 of 2025(11) dt.12-03-2026
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          Court) with a direction to the petitioners to surrender within 30

          days.

          4. Petitioners did not surrender after dismissal of their Criminal

          Appeal and preferred this Criminal Revision under Section 438

          read with Section 442 of the B.N.S.S, 2023 against the above

          judgment and order dated 19.08.2019 passed by learned

          Additional Chief Judicial Magistrate-IV, Rohtas, Sasaram as

          well as against the judgment and order dated 12.11.2024 passed

          by learned District and Additional Sessions Judge-x, Rohatas,

          Sasaram.

          5. The Office (reporting section) of this Court while reporting

          this Criminal Revision has pointed out several defects. Out of

          which one of the defect was that petitioners have not filed

          surrender certificate.

          6. The petitioners have removed all the defects except the defect

          of filing surrender certificate and they moved supplementary

          affidavit seeking exemption from filing the surrender certificate.

          Later-on with the permission of the Court, the said

          supplementary affidavit was converted into Interlocutory

          Application No.1/2025.

          7. The co-ordinate Bench of this Court after hearing Mr. Vishal

          Saurabh, learned counsel for the petitioners, Mr. Ahmad Ali,
Patna High Court CR. REV. No.58 of 2025(11) dt.12-03-2026
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          learned APP for the State and Mr. Ashutosh Tripathy, learned

          counsel for the O.P. No.2 at length, rejected the said

          Interlocutory Application of the petitioners vide detail order

          dated 06.01.2026. The relevant part of the order dated

          06.01.2026 is quoted as under:

                          “I.A. No.01 of 2025

                          1…..

                          2……

                          3……

                          4……

                          5……

                          6……

                          7……

                          8……

                          9……

                          10……

                          11……

                          12. In the present case, this Court is faced with

                          similar predicament. The provision of Rule 57A of

                          the Rules of the High Court at Patna is quite

                          explicit. The aforesaid Rule provides for filing of

                          the surrender certificate if a convict has already
Patna High Court CR. REV. No.58 of 2025(11) dt.12-03-2026
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                          surrendered or to seek leave to surrender within

                          the specified period by filing an application. On

                          sufficient cause being shown, the Court may grant

                          such time and on such condition as it thinks fit and

                          proper. But the Rule does not provide for grant of

                          exemption from surrender to a convict, who has

                          approached this Court as revisionist. Only liberty

                          which has been granted to a convict that if he has

                          not surrendered at the time of filing of the revision

                          petition, he may moved an application seeking

                          leave to surrender within specified period. This

                          liberty cannot be extended to grant of exemption

                          from surrender till disposal of the revision petition.

                          13. Therefore, in the light of the specific provision

                          in the Rules of the High Court at Patna and the

                          decision of the Hon’ble Supreme Court in the case

                          of Daulat Singh (supra), this Court cannot accede

                          to the prayer of the revisionists/petitioners to grant

                          them exemption from surrender and by a corollary

                          exemption from filing surrender certificate till

                          disposal of the revision petition, as it would be

                          against the specific provision of law. The revision
Patna High Court CR. REV. No.58 of 2025(11) dt.12-03-2026
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                          petition of the petitioners cannot be admitted

                          unless they surrender before the court concerned

                          and brings on record the surrender certificate in

                          terms of Rule 57A of the Rules of the High Court at

                          Patna, 1916. Hence, the authorities cited by the

                          petitioners are of no help to their cause.

                          14. Accordingly, finding no merit, I.A.No.1 of 2025

                          is dismissed.

                          Cr. Rev. No. 58 of 2025

                          15. The learned counsel for the petitioners is

                          directed to bring on record surrender certificate

                          within eight weeks, failing which this petition will

                          be dismissed.

                          16.List the matter on 10.03.2026.”

          8. Today, on the matter being taken up, Mr. Vishal Saurabh,

          learned counsel for the petitioners submits that initially this

          Criminal Revision was filed through Mr. Babu Nandan Prasad

          on 07.01.2025. Thereafter he had filed his vakalatnama in this

          case on 25.03.2025 in the Office. Order dated 06.01.2026 was

          passed after hearing him as well as counsel for the State and the

          informant. The said order was communicated by him to the

          petitioners but thereafter they did not give any response to him.
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          On asking them to comply the order dated 06.01.2026, they

          have taken no objection certificate from him and engaged

          another counsel Mr. Shree Niwas Singh, who had filed his

          vakalatnama on 11.03.2026, hence, as on date, he has no

          instruction to appear in the matter, therefore, his name may be

          deleted from the cause-list.

          9. In view of the above this Court heard Mr. Shree Niwas Singh,

          newly engaged learned counsel for the petitioner, learned A.P.P.

          for the State and Mr. Ashutosh Tripathy, learned counsel for the

          O.P. No.2.

          10. Mr.Ahmad Ali, learned APP for the State and Mr. Ashutosh

          Tripathy, learned counsel for the O.P. No.2 raised a preliminary

          objection that since the instant Criminal Revision has been

          preferred by the petitioners against their conviction, without

          surrender certificate and despite having knowledge of order

          dated 06.01.2026 of this Court, they deliberately did not

          surrender and changing their counsel time to time with ulterior

          motive, therefore matter cannot be heard on merit unless the

          petitioners file surrender certificate.

          11. On putting query about the compliance of order dated

          06.01.2026 of this Court, Mr. Shree Niwas Singh, learned newly

          engaged counsel for the petitioner apprised the Court that
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          petitioners have not surrendered even after the order dated

          06.01.2026. He submits that since he has filed his vakalatnama

          on 11.03.2026, therefore further time may be granted to the

          petitioners for surrender.

          12. Having heard the submissions of learned counsels for the

          parties as noted above and perusing the record, I find that the

          Appellate Court while rejecting the Criminal Appeal of the

          petitioners vide order dated 12.11.2024 had directed the

          petitioners to surrender within 30 days but they have not

          complied the said order and without surrendering filed the

          instant Criminal Revision. Not only this but even after dismissal

          of petitioner’s I.A. No.1/2025 vide above order dated

          06.01.2026 and granting eight week’s time to them to file

          surrender certificate, they have not surrendered till date, as such,

          the intention of petitioners are very much clear that they are not

          inclined to obey the order of this Court dated 06.01.2026. I also

          find that one of the prayer of the petitioners is to release them

          on bail during pendency of this Criminal Revision. Since it is

          admitted position that the petitioners are not in jail and they are

          absconding, therefore there is no question for order of releasing

          them on bail. It is also not in dispute that in the order dated

          06.01.2026, there is clear direction to the petitioners to bring on
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                      record surrender certificate within eight weeks, failing which,

                      this petition will be dismissed. This Court finds that petitioners

                      are absconding since 13.12.2024 and despite giving liberty of

                      surrender within eight weeks’ by this Court vide order dated

                      06.01.2026, they did not surrender, hence this Court is of the

                      view that petitioners can not be allowed to misuse the liberty

                      and process of law. On non compliance of above order dated

                      06.01.2026, this Court has no option except to dismiss this

                      Criminal Revision.

                      13-Accordingly, this Criminal Revision is dismissed.

                      14-Trial Court is directed to issue non-bailable warrant against

                      the petitioners to ensure the compliance of order dated

                      12.11.2024 passed by District and Additional Sessions Judge-X,

                      Rohatas, Sasaram in Criminal Appeal No.59/2019.

                      15-Copy of this order be communicated to the trial Court

                      concerned immediately.

                      16-It is made clear that this order will not come in the way, if

                      the petitioners file fresh Criminal Revision after their surrender.



                                             (Sanjay Kumar Singh , J)
pallavi/-

U       T


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