Patna High Court
BHAUSAGAR PASWAN @ BHAR SAGAR PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Bhausagar Paswan, died during the pendency of his criminal appeal before the Patna High Court. The police submitted a death certificate and report confirming his demise. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative files an application to continue. Since no such application was filed, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394
- Section 435
- Patna High Court
- abated appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.107 of 2004
======================================================
Bhausagar Paswan @ Bhav Sagar Paswan, Son of Late Zhabu Paswan,
Resident of Village-Khairam Police Station-Gaurichak (Punpun), District-
Patna.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Imteyaz Ahmad, Advocate
Mr. Amrendra Kumar, Advocate
For the State : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 15-05-2026 Perused the Letter No. 2172 dated 13.05.2026 of the
Senior Superintendent of Police, Patna along with the report of
S.H.O., Gaurichak Police Station, Patna dated 09.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Bhausagar Paswan @ Bhav Sagar Paswan has
died. Certificate of death of the appellant issued by Mukhiya of
Gram Panchayat Raj, Lakhna East, Block-Punpun, Patna has
also been enclosed with the said report.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.107 of 2004(5) dt.15-05-2026
2/2
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 records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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