Patna High Court
BISHUNDEO PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of because the appellant died and no near relative applied for leave to continue it.
Summary
The appellant, Bishundeo Paswan, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by letters from the Superintendent of Police and the Police Inspector. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no application is made to continue it. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1146 of 2011
======================================================
Bishundeo Paswan, S/O Late Sukhdeo Paswan, R/o Village- Mahinath Nagar,
P.S.- Beldaur, District- Khagaria.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ranjeet Kumar Singh, Adv.
For the Respondent/s : Mr. A.Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 13-05-2026 Perused the Letter No. 609 dated 09.05.2026 of the
Superintendent of Police, Khagaria, along with the report dated
09.05.2026 of Police Inspector-cum-S.H.O., Beldaur P.S.,
Khagaria, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Bishnudeo Paswan, is dead.
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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1146 of 2011(4) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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