Patna High Court
BIJALI PRASAD @ BIJULI PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provision.
Summary
The appellant, Bijali Prasad, died while his criminal appeal was pending before the Patna High Court. The court examined a letter from the Superintendent of Police and a report from the SHO indicating the appellant’s death. The issue was whether the appeal should continue in the absence of any application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates on the death of the appellant unless a relative seeks leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was to be sent back to the lower court.
Issues considered
- Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- death of appellant
- abated appeal
- Criminal Procedure
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1260 of 2006
======================================================
Bijali Prasad @ Bijuli Prasad, son of Late Hari Pd., resident of village- Tajpur
Saraiya, P.S.- Rajepur, District- East Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nirmal Kumar Sinha-3, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 19-03-2026 Perused the Letter No.395 dated 23.02.2026 of the
Superintendent of Police, East Champaran, Motihari along with
the Report dated 18.02.2026 of SHO, Rajepur Police Station,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Bijali Prasad @ Bijuli Prasad, is
died.
2. In view of the said letter 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.1260 of 2006(3) dt.19-03-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
U T
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