Patna High Court
RAJ KUMAR BANSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant Raj Kumar Bansfor filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate and police reports. The appellant's counsel sought to continue the appeal, but no near relative filed an application for leave to proceed. 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 the appellant dies and no relative seeks continuation. Since no such application was made, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court records to be returned to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- death of appellant
- abatement
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.189 of 2004
======================================================
Raj Kumar Bansfor, Son of Late Rajesh Bansfor, Resident of Village-Railway
Colony Thakurganj, Police Station-Thakurganj, District-Kishanganj.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kaushal Kumar Jha, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 26-05-2026 Perused the Letter No. 251 dated 14.05.2026 of the
Superintendent of Police, Kishanganj along with the report of
Police Inspector cum S.H.O., Thakurganj Police Station dated
13.05.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Raj Kumar Bansfor has died.
Certificate of death of the appellant issued by Ward Councillor,
Ward No. 6, Nagar Panchayat, Thakurganj, Kishanganj has also
been enclosed with the said reports.
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.189 of 2004(9) dt.26-05-2026
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)
ranjan/-
U
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