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Patna High Court

BRIJ BANSI BHAGATversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue the appeal.

Summary

The appellant, Brij Bansi Bhagat, filed a criminal appeal (DB) No.1085 of 2010 before the Patna High Court. During the hearing, the court received a police report and a death certificate confirming that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for leave to continue the appeal. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to proceed?

Legislation cited

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.1085 of 2010
                 ======================================================
                 Brij Bansi Bhagat, Son of Late Godenath Bhagat, Resident of Village-
                 Bhanpur, P.S.- Bijai Pur, Dist.- Gopalganj.

                                                                        ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Bamdeo Pandey, Adv.
                 For the Respondent/s   :     Mr. D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   13-05-2026                 Perused the Report No. 801 dated 08.05.2026 of the

                   Superintendent of Police, Gopalganj along with the Report

                   dated 06.05.2026 of the S.H.O., Bijai Pur Police Station,

                   Gopalganj as well as the Certificate of Death dated 08.05.2026

                   of the Mukhiya of Gram Panchayat- Raj Sarupai, Block- Bijai

                   Pur, Dist.- Gopalganj; wherein it is indicated that the sole

                   appellant, namely, Brij Bansi Bhagat, 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.1085 of 2010(7) dt.13-05-2026
                                                        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)
shivank/-

U      T


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