Patna High Court

SHEO MURAT PASWANversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The criminal appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Sheo Murat Paswan, filed a criminal appeal (DB) No.157 of 2003 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative applies to continue the case. Since no relative filed an application for leave to continue the appeal, 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

The appeal can continue despite the death of the appellant if 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
abated proceedings
death of appellant
Section 394 CrPC
Section 435 Bharatiya Nagarik Suraksha Sanhita
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.157 of 2003
                 ======================================================
                 Sheo Murat Paswan, Son of Late Mahadeo Paswan, resident of village-
                 Mokari, Police Station-Bhabua, District-Kaimur (Bhabua).


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashok Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. Pp.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   24-04-2026                    Perused the Letter No. 310 dated 12.03.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 08.03.2026 of the Sub-Inspector of Police, Bhabua

                   Police Station, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Sheo Murat

                   Paswan, 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.157 of 2003(4) dt.24-04-2026
                                                     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

Continue reading with your account

Checking your session…