Patna High Court
LOHA BHAR @ LOHA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
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, Loha Bhar, filed a criminal appeal against his conviction, but the police reports dated May 2026 confirmed his death and a death certificate was attached. The court examined whether the appeal could proceed after the appellant’s demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant is dead and no near relative applies for leave to continue. 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 record was ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of Appellant
- CrPC Section 394
- Procedural Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1263 of 2006
======================================================
Loha Bhar @ Loha Singh, son of Late Saryug Bhar, resident of Village-
Jireya, P.S. Lauriya, Distt- West Champaran
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Gauri Shankar Thakur, Advocate
For the Respondent : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-05-2026 Perused the report dated 05.05.2026 of the
Superintendent of Police, West Champaran (Bettiah) along with
the report dated 03.05.2026 of the Sub-Inspector of Police,
Lauriya Police Station, West Champaran (Bettiah), which
indicate that the sole appellant Loha Bhar alias Loha Singh is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said reports 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.1263 of 2006(5) dt.13-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.