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.

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 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 afte