Patna High Court
RAM BILAS PASWANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no relative applied for leave to continue, per the applicable statutory provision.
Summary
The appellant, Ram Bilas Paswan, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died and a death certificate was produced. The court examined the police report and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates when the appellant dies and no relative seeks its continuation. 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
- Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application for leave to continue the appeal?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1353 of 2007
======================================================
Ram Bilas Paswan, son of Harihar Paswan resident of village- Kanti Gosain
Tola, P.S. Kanti, District- Muzaffarpur
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. V.K.Singh, Advocate
For the Respondent/s : A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 639 dated 30.04.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
report dated 27.04.2026 of the Police Inspector-cum-S.H.O.,
Kanti P.S., Muzaffarpur, wherein it is indicated that during
enquiry, it came to light that the sole appellant, namely, Ram
Bilas Paswan, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.1353 of 2007(4) dt.08-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.