Patna High Court
BIRAJ SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative filed an application for leave to continue.
Summary
The appellant Biraj Singh filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied 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 upon the death of a party when no application is made. Consequently, the appeal was held to stand abated and was disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal when no relative applies for leave to continue?
- Does Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandate abatement of the appeal in such circumstances?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.109 of 1997
======================================================
Biraj Singh, Son of Niranjan B Prasad Singh, Resident of Village and Post-
Rajauli, Police Station-Rajauli, District-Nawada
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.J. P. Kishore, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 548 dated 17.05.2026 of the
Superintendent of Police, Nawada along with the report of
Police Inspector cum S.H.O., Rajauli Police Station, Nawada
dated 02.05.2026 wherein it is indicated that during enquiry it
came to light that the sole appellant Biraj Singh has died.
Certificate of death of the appellant issued by Ward Councillor
of Ward No. 9, Nagar Panchayat, Rajauli, District-Nawada has
also been enclosed with the said reports.
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,
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.109 of 1997(3) dt.26-05-2026
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
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