Patna High Court

Surendra SinghversusThe State Of Bihar

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Surendra Singh, filed a criminal appeal (DB) No.116 of 2015 arising from a 1989 case. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died. The court examined the report and considered 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 when the accused dies. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of.

Issues considered

Whether a criminal appeal can continue when the appellant has died and no near relative seeks leave to proceed

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.116 of 2015
                      Arising Out of PS. Case No.-1 Year-1989 Thana- SANHAULA District- Bhagalpur
                 ======================================================
                 Surendra Singh S/O Late Shyam Lal Singh Resident of vill-Adalpur,P.S-
                 Amdanda,Distt.-Bhagalpur



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



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :      Mr. Mukesh Kumar, Advocate

                 For the State             :      Mr. S.B.Verma, APP

                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   27-02-2026                         Perused the Letter No.257 dated 09.02.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   Memo No. 152 of 2026 dated 06.02.2026 of the S.H.O.,

                   Amdanda, Bhagalpur, wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Surendra Singh,

                   is dead.

                                 2. In view of the said report 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
            Patna High Court CR. APP (DB) No.116 of 2015(4) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                       (Sangam Kumar Sahoo, CJ)


                                                       (Nawneet Kumar Pandey, J)
guddukr/-

U      T

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