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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

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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