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Patna High Court

BAIKUNTH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of due to the appellant's death and the absence of an application by any near relative.

Summary

The appellant, Baikunth Singh, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by letters from the Superintendent of Police and a Police Inspector. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies 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 lower court.

Issues considered

  • Does an appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure
  • Section 394
  • Section 435
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.1313 of 2007
                 ======================================================
                 Baikunth Singh, S/o Late Raghunath Singh, R/o Village Basaw, P.S.-
                 Basantpur, Dist.-Siwan

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. S.B.K. Manglam, Adv.
                                               Mr. Vikash Kumar Singh, Adv.
                 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   11-05-2026                  Perused the Letter No. 431 dated 30.04.2026 of the

                   Superintendent of Police, Siwan along with the letter dated

                   30.04.2026 of Police Inspector, Basantpur P.S., Siwan, wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant, namely, Baikunth Singh, is dead.

                                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.

                                3. Let the trial court record be sent back to the
             Patna High Court CR. APP (DB) No.1313 of 2007(3) dt.11-05-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T


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