Patna High Court
SATRUGHAN BINDversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita) as no application for leave to continue was filed.
Summary
The appellant, Satrughan Bind, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Senior Superintendent of Police and the S.H.O. 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). 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 deemed abated and was disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- Does a criminal appeal abate 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
- Criminal Procedure Code — 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.1208 of 2006
======================================================
Satrughan Bind, Son of Late Barho Bind, Resident of Village-Birchakiya,
Police Station-Dhanarua, District-Patna.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar Pandey, Advocate
For the Sate : Mr. Bindo Bihari Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 15-05-2026 Perused the Letter No. 2168 dated 13.05.2026 of the
Senior Superintendent of Police, Patna along with the report of
S.H.O., Dhanarua dated 07.05.2026, wherein it is indicated that
during enquiry it came to light that the sole appellant Satrughan
Bind has died.
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.
Patna High Court CR. APP (DB) No.1208 of 2006(3) dt.15-05-2026
2/2
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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