Patna High Court
MANOJ KUMAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed because the appellant died and no near relative sought leave to continue the appeal under the applicable statutory provision.
Summary
Manoj Kumar Singh, the sole appellant in Criminal Appeal (DB) No.108 of 1998, died during the pendency of the appeal. The Senior Superintendent of Police submitted a report and a death certificate 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court records to be returned to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (or Section 435 BNS)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.108 of 1998
======================================================
Manoj Kumar Singh Son of Bramhdeo Singh resident of Village-Bahadurpur,
P.S.-Masrakh, District-Saran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Kumar Mishra, Advocate
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 226 dated 11.02.2026 of the
Senior Superintendent of Police, Saran along with the report of
SHO, Masrakh Police Station dated 08.02.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Manoj Kumar Singh, has died. Certificate of death
issued by Ward Member of Gram Panchayat Raj Kawalpura
Village-Bahadurpur, P.S.-Masrakh (Saran) has also been
enclosed with the said report.
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
Patna High Court CR. APP (DB) No.108 of 1998(5) dt.01-05-2026
2/2
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.