Patna High Court
Ravindra ManjhiversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Ravindra Manjhi, filed a criminal appeal (DB) No.1007 of 2015 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined the letter from the Senior Superintendent of Police and the report of the Sub‑Inspector, and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant when no relative files an application for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- Criminal appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1007 of 2015
Arising Out of PS. Case No.-31 Year-2012 Thana- DAUDPUR District- Saran
======================================================
Ravindra Manjhi Son of late Rameshwar Manjhi Resident of Village- Lejhan,
P.s Baubpur, District Saran.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Choudhary Shyam Nandan, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 24-04-2026 Perused the Letter No. 357 dated 17.02.2026 of the
Senior Superintendent of Police, Saran along with the Report
dated 16.02.2026 of the Sub-Inspector of Police-cum-S.H.O,
Daudpur Police Station, Saran, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Ravindra Manjhi, is dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.1007 of 2015(10) dt.24-04-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
Checking your session…