Patna High Court

SHANKAR SINGHversusTHE STATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated due to the appellant's death and the absence of any application by a near relative.

Summary

The appellant, Shankar Singh, filed a criminal appeal which remained pending when he died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. 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 upon the death of a party if no application is made. Consequently, the Court held that the appeal stands abated. The trial court record is to be sent back to the concerned court, and the appeal is disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the appellant without an application by a near relative

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.170 of 2011
                 ======================================================
                 Shankar Singh, S/o Ganesh Prasad Singh, R/o Village Pakra, P.S.-
                 Naugachhia, Dist.- Bhagalpur

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Praveen Kumar, Ad.
                 For the Respondent/s   :     Mr. D.K.Sinha, App
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   08-05-2026                 Perused the Letter No. 901 dated 04.05.2026 of the

                   Superintendent of Police, Banka along with the Report dated

                   03.05.2026 of Inspector of Police-cum-S.H.O, Naugachhia

                   Police Station, Naugachhia as well as the Certificate of Death

                   dated 02.09.2021 of the President, Gram Panchayat Pakra,

                   Naugachhia (Bhagalpur); wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Shankar

                   Singh, is dead.

                               2. In view of the said letters 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.170 of 2011(5) dt.08-05-2026
                                                       2/2




                     disposed of.

                                  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)
Anjani/-

U

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