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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

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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