Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1030 of 2025 Arising Out of PS. Case No.-470 Year-2023 Thana- BARH District- Patna ====================================================== Pankaj Kumar ... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Bhushan Singh, Advocate For the Res. State :
Mr. Lalan Kumar, APP For the O.P. No. 2 :
Mr. Dhaneshwar Vashist, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-06-2026 The present revision petition has been filed against the judgment of conviction dated 22.08.2025 and order of sentence dated 28.08.2025 passed by the learned Additional Sessions Judge-IV, Barh, Patna in Sessions Trial No. 529 of 2024, whereby and whereunder the learned Additional Sessions Judge convicted the petitioner under Section 363 r/w 34 of IPC and sentenced him to undergo imprisonment for 7 years and fine of Rs. 20,000/- along with other co-accused persons. In case of default in payment of fine, the convict was directed to undergo further simple imprisonment for six months.
2. At the outset, issue arose about maintainability of the present revision petition since it is against the conviction by learned Additional Sessions Judge and the petitioner has been sentenced to undergo imprisonment for 7 years with fine.
3. Learned counsel for the petitioner submits that the
2/5 present revision petition is maintainable in terms of Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it provides that when sentence of imprisonment for more than seven years has been passed against a person, then only an appeal would lie to the High Court. Learned counsel further submits that Section 442 (5) of BNSS provides that where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
4. I think the contention of the learned counsel for the petitioner is misconceived. Section 415 of BNSS reads as under:
415. Appeals from convictions.-(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the
3/5 same trial, may appeal to the High Court.
(3) Save as otherwise provided in subsection (2), any person,-- (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
5. Section 415(2) of BNSS makes it clear that orders passed by Sessions Judge or Additional Sessions Judge irrespective of term of sentence are appealable orders. On the other hand, an order passed by any other Court will be appealable only when order of sentence for imprisonment of more than seven years has been passed. Therefore, for an order of Sessions Judge or Additional Sessions Judge to be appealable, there is no condition that the order of sentence should be more than seven years. This fact becomes more clear
4/5 if Section 415(2) BNSS is read with Section 417(b) BNSS as Section 417(b) BNSS provides that where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine, no appeal shall lie. In the present case, the order of sentence has been passed by the learned Additional Sessions Judge, the said order would be appealable. Therefore, the present revision petition can not be entertained against the impugned judgment of conviction dated 22.08.2025 and order of sentence dated 28.08.2025.
6. Having regard to Section 442(5) of BNSS, the learned counsel for the petitioner is directed to convert the instant criminal revision petition into criminal appeal within a week.
7. The office is directed to extend all cooperation to the learned counsel for the petitioner towards conversion and thereafter place the matter immediately before the appropriate Bench.
8. Learned counsel, Mr. Dhaneshwar Vashist, who appears on behalf of opposite party no. 2, is present before the Court and it is expected that whenever the matter is listed before appropriate Bench, he will present before that Court as
5/5 well.
(Arun Kumar Jha, J) Ashish/- U