Patna High Court
SHEO PRASAD RAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal was abated and disposed of as no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Sheo Prasad Ram, filed a criminal appeal (DB) No.156 of 1998 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 Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the criminal 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 appellant without an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.156 of 1998
======================================================
Sheo Prasad Ram, Son of Jangi Ram, Resident of Village – Dawan, P.S. -
Jagdishpur, District – Bhojpur at Arrah.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Tej Narayan Singh, Advocate
Mr. Narendra Kumar, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 08-05-2026 Perused the Letter No. 495 dated 18.03.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
dated 18.03.2026 of the Sub-Inspector of Police, Jagdishpur,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Sheo Prasad Ram, 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 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.156 of 1998(9) 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)
guddukr/-
U T
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