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Patna High Court

SANTOSH KUMAR JHA @ LALAN SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Santosh Kumar Jha, 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. 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 when no relative seeks continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to proceed

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.199 of 2000
                 ======================================================
                 Santosh Kumar Jha @ Lalan Singh, Son of Shri Nawal Kishore Jha, of
                 Village Binod Nagar, Police Station-Dhanbad, District-Dhanbad.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Ranjan 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)

3   26-05-2026                    Perused the Letter No. 1047 dated 14.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of Police Inspector cum S.H.O., Kotwali Police Station,

                   Bhagalpur dated 26.12.2025, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Santosh Kumar

                   Jha @ Lalan Singh has died. Death certificate of the appellant

                   issued     by     Department     of    Planning     and       Development,

                   Government of Jharkhand 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
           Patna High Court CR. APP (DB) No.199 of 2000(3) dt.26-05-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     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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