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Patna High Court

SUKHARI SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no application for leave to continue was filed by a near relative.

Summary

The appellant, Sukhari Singh, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was submitted by the Superintendent of Police. The court examined the reports confirming the death and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stands abated. The appeal was therefore disposed of without further hearing.

Issues considered

  • Can a criminal appeal continue after the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law
  • CrPC
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.1045 of 2007
                 ======================================================
                 Sukhari Singh, son of Late Lakhraj Singh, Resident of Village- Mashan Thana
                 (Mauza) P.S. Yadopur, District- Gopalganj (Bihar)

                                                                              ... ... Appellant
                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Umesh Kumar Singh, Advocate
                 For the Respondent    :         Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-05-2026                 Perused     the    report      dated   11.05.2026    of    the

                   Superintendent of Police, Gopalganj along with the report dated

                   08.05.2026 of the S.H.O., Jadopur Police Station, Gopalganj,

                   which indicate that the sole appellant Sukhari Singh is dead and

                   the death certificate of the appellant is annexed with the said

                   report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.1045 of 2007(5) dt.13-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

U


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