Patna High Court

BINESHWAR BHUIYAN @ BINDESHWARI BHUIYANversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal was abated and disposed of because the appellant died and no near relative applied to continue the appeal.

Summary

The appellant, Bineshwar Bhuiyan, died during the pendency of Criminal Appeal No.1391 of 2008. The police reports and death certificate were submitted to the court. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was made, 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

Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — s. 394

Subjects

Criminal Appeal
Abatement
Death of Appellant
Procedural Law
Section 394 CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.1391 of 2008
                 ======================================================
                 Bineshwar Bhuiyan @ Bindeshwari Bhuiyan, S/o late Phaguni Bhuiyan, R/o
                 Vill. Kona, P.S. Rafiganj, District - Aurangabad

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Amarendra Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                   Perused the Letter No. 1270 dated 02.05.2026 of the

                   Deputy Superintendent of Police, Aurangabad along with the

                   report dated 29.04.2026 of the Police Inspector, Rafiganj P.S.,

                   wherein it is indicated that during enquiry, it came to light that

                   the sole appellant, namely, Bineshwar Bhuiyan @ Bindeshwari

                   Bhuiyan, 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 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.1391 of 2008(5) 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       T

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