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Patna High Court

BIPIN KUMAR @ KAILU KUNWARversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant Bipin Kumar @ Kailu Kunwar filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. The court examined the Superintendent of Police's letter and the relevant statutory provisions, namely Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near 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, and the trial court records were ordered to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no relative seeks leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023?

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.165 of 2007
                 ======================================================
                 Bipin Kumar @ Kailu Kunwar, son fo Lalo Kunwar, Resident of Village-
                 Basodeopur, Police Station-Begusarai Muffasil, District-Begusarai.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Pramod Manbansh, Advocate
                 For the Respondent/s    :       Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   06-05-2026                    Perused the Letter No. 1077 dated 28.04.2026 of the

                   Superintendent of Police, Bhagalpur along with the report of

                   Police Inspector cum SHO, Muffasil Police Station, Begusarai

                   dated 28.04.2026, wherein it is indicated that during enquiry it

                   came to light that the sole appellant Bipin Kumar @ Kailu

                   Kunwar, has died. Certificate of death issued by Mukhiya of

                   Gram Panchayat Raj, Haiwatpur, Village-Korea, Police Station

                   -Muffasil, Begusarai has also been enclosed with the said report.

                                  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
            Patna High Court CR. APP (DB) No.165 of 2007(7) dt.06-05-2026
                                                        2/2




                      disposed of.

                                    3. Let the trial court records be sent back to the

                      concerned court immediately, if not required in any other case.



                                                              (Sangam Kumar Sahoo, CJ)



                                                                  (Harish Kumar, J)
guddukr/-

U


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