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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.