Patna High Court

MD. MANOVARversusTHE STATE OF BIHAR

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application under Section 394 of the CrPC.

Summary

The appellant, Md. Manovar, filed a criminal appeal (DB) No.1194 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the trial court.

Issues considered

Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.1194 of 2011
                      Arising Out of PS. Case No.-38 Year-2009 Thana- PURAINI District- Madhepura
                 ======================================================
                 MD. MANOVAR, S/O Md.Yakub, R/O Vill.-Sapardah Kalawari,P.S.-
                 Puraini,Dist.-Madhepura

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajesh Kumar, Advocate
                 For the Respondent/s    :        Mr. Lala Kailash Bihari Prasa, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-03-2026                   Perused the Letter No. 176 dated 07.02.2026 of the

                   Superintendent of Police, Madhepura, along with Memo No.

                   318 of 2026 dated 06.02.2026 of the S.H.O., Puraini Police

                   Station, Madhepura, wherein it is indicated that during the

                   enquiry it came to light that the sole appellant, namely, Md.

                   Manovar, is dead and the death certificate of the appellant is

                   annexed with the said report.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated
         Patna High Court CR. APP (DB) No.1194 of 2011(3) dt.13-03-2026
                                                     2/2




                   and is disposed of accordingly.

                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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