Patna High Court
Vilas Thakur @ Bilash ThakurversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Vilas Thakur, filed a criminal appeal (DB) No.152 of 2013 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative files an application to continue it. No relative applied for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and 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
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.152 of 2013
Arising Out of PS. Case No.-71 Year-2005 Thana- PAROO District- Muzaffarpur
======================================================
Vilas Thakur @ Bilash Thakur S/O Late Sital Thakur Resident Of Village-
Bahdinpur, P.S.- Paroo, District- Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Mishra, Advocate
For the Respondent/s : Mr. S.C.Mishra, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 236 dated 08.02.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
Report dated 06.02.2026 of the S.H.O, Paroo Police Station,
Muzaffarpur, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Vilas Thakur @ Bilash
Thakur, is dead.
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.
Patna High Court CR. APP (DB) No.152 of 2013(3) dt.01-05-2026
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)
Neha/-
U
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