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Convicted by the Sessions Court? How a Criminal Appeal Works in the Patna High Court

By Pankaj Kumar Choudhary, Advocate, Patna High Court · Choudhary Law Chambers, Patna · 10 November 2026

When a Sessions Court in Bihar convicts a person and sentences him, the case does not end there. The law gives a right to appeal to the Patna High Court, and to ask that the sentence be suspended and the person released on bail while the appeal is heard. This guide explains it in simple words.

First, learn these words

  • Conviction: the court holds the person guilty.
  • Sentence: the punishment given, such as jail or fine.
  • Appeal: asking a higher court to examine the judgment again and set it aside or change it.
  • Suspension of sentence: an order that the punishment will not be carried out until the appeal is decided.
  • Certified copy: an official copy of the judgment issued by the court.
  • Revision: asking the High Court to correct an illegal or improper order of a lower court.

Which law applies

  • Appeal against conviction: Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), "Appeals from convictions" (old CrPC Section 374).
  • Bail and suspension of sentence during the appeal: Section 430 BNSS, "Suspension of sentence pending appeal; release of appellant on bail" (old CrPC Section 389).
  • Appeal against acquittal: Section 419 BNSS (old CrPC Section 378).
  • Revision by the High Court: Section 442 BNSS (old CrPC Section 401).

The old-to-new section numbers are taken from the CrPC–BNSS comparison table published by the Government of Tripura.

6 easy steps

  1. Get the judgment. Apply for a certified copy of the Sessions Court judgment at once. The order can be seen on the eCourts portal.
  2. Do not wait. The law fixes a time limit for filing an appeal. Meet an advocate as soon as the judgment is delivered.
  3. Collect papers. Judgment, FIR, chargesheet, custody certificate if the person is in jail, and details of any earlier case.
  4. File the appeal. The appeal is filed in the Patna High Court with grounds explaining what is wrong in the judgment.
  5. Ask for bail during the appeal. Along with the appeal, an application is made under Section 430 BNSS to suspend the sentence and release the person on bail.
  6. Track the case. Dates and orders can be seen on the Patna High Court website.

An example

This is an imaginary example to explain the steps; it is not a real case.

Mohan is convicted by a Sessions Court in Bihar and sentenced to jail.

  • His family applies for a certified copy of the judgment the same week.
  • They meet an advocate with the judgment, FIR, chargesheet and custody certificate.
  • An appeal under Section 415 BNSS is filed in the Patna High Court, with an application under Section 430 BNSS for suspension of sentence and bail.
  • The family follows the dates on the Patna High Court website.

Every case is different. The court decides on the record and the law, so no result can be promised.

Appeal or bail: what is the difference?

Before trial ends, a person seeks bail — see our guide on bail after rejection by the Sessions Court. After conviction, the person files an appeal, and bail during the appeal is sought by asking the court to suspend the sentence.

Frequently asked questions

Where does an appeal against a Sessions Court conviction lie?

In the Patna High Court, under Section 415 BNSS (old CrPC Section 374).

Can the convicted person get bail during the appeal?

The appellate court can suspend the sentence and release the appellant on bail under Section 430 BNSS (old CrPC Section 389). It depends on the facts.

Is there a time limit for the appeal?

Yes. The law fixes a time limit. Get the certified copy and meet an advocate at once.

Can the State appeal against an acquittal?

Yes, an appeal against acquittal is provided under Section 419 BNSS (old CrPC Section 378).

Where can I see the case status?

On the Patna High Court website under Case Status; Sessions Court orders on the eCourts portal.

This article is general information in simple words and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India. Consult an advocate about your matter.

Related on this site: Bail after rejection by the Sessions Court · FIR quashing · Criminal Defence

Official sources (links checked 10 November 2026): BNSS, 2023 (India Code) · CrPC–BNSS comparison (Govt. of Tripura) · Patna High Court · eCourts Services

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