Patna High Court

SHASHI BHUSHAN SINGHversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.

Summary

The appellant, Shashi Bhushan Singh, filed a criminal appeal (DB) No.134 of 1997 against the State of Bihar. During the pendency of the appeal, the appellant died, as reported in a letter from the Superintendent of Police and the SHO’s report. The Court examined the effect of the appellant’s death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). No near relative had filed an application seeking leave to continue the appeal after the appellant’s death. Accordingly, the Court held that, in the absence of such an application, the appeal is deemed to have abated and is therefore disposed of.

Issues considered

Does the death of an appellant automatically abate a pending criminal appeal under Section 394 CrPC/Section 435 B.N.S. if no near relative applies 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
Section 435 B.N.S.
appeal abatement

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.134 of 1997
                  ======================================================
                  Shashi Bhushan Singh S.O Gonaur Pd. Singh R/O Village-Chintamanipur,
                  Police Station-Vaishali.
                                                                       ... ... Appellant/s
                                                Versus
                  State Of Bihar
                                                                    ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s   :       Mr.Upendra Prasad Sinha, Advocate
                  For the State         :       Mr.Dilip Kumar Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)

3    27-02-2026                  Perused the Letter No.191 dated 15.02.2026 of the

                    Superintendent of Police, Vaishali along with the report of SHO

                    cum Police Sub Inspector, Belsar, Vaishali, wherein it is indicated

                    that during enquiry it came to light that the sole appellant Shashi

                    Bhushan Singh, has 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.


                                                      (Sangam Kumar Sahoo, CJ)


                                                     (Nawneet Kumar Pandey, J)

ranjan/-

U

Continue reading with your account

Checking your session…