Patna High Court

JAGDISH DASversusSTATE OF BIHAR

Decided: 3 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.

Summary

The appellant Jagdish Das filed a criminal appeal (DB) No.182 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as confirmed by police and local reports. No near relative filed an application for leave to continue the appeal after his death. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was 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 when no near relative seeks leave to proceed

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.182 of 2002
                 ======================================================
                 Jagdish Das, s/o late Akal Das, resident of village-Pararia, Goth Tola, P.S.
                 Bihariganj, District-Madhepura

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   03-04-2026                 Perused the Letter No. 258 dated 16.02.2026 of the

                   Superintendent of Police, Madhepura along with the Report

                   dated 14.02.2026 of S.H.O, Bihariganj Police Station as well as

                   the Report dated 14.02.2026 of the Sarpanch, Gram Kacheri,

                   Pararia, P.S. Bihariganj, Dist. Madhepura; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Jagdish Das, 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.182 of 2002(4) dt.03-04-2026
                                                        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)
shivank/-

U      T

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