Patna High Court
DAYANAND BHAGATversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal is abated and disposed of due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Dayanand Bhagat, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without such an application. Consequently, the court held that the appeal stands abated. The appeal was therefore disposed, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.219 of 1999
======================================================
Dayanand Bhagat, Son of Late Surat Bhagat, At Dumariya, P.O. Bharauly,
Police Station-Shahpur, District-Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sheojee Mishra, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 26-05-2026 Perused the Letter No. 1285 dated 14.05.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
of S.H.O., Shahpur Police Station dated 13.05.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Dayanand Bhagat has died. Certificate of death of the
appellant issued by Mukhiya of Gram Panchayat, Sahjauli,
Block-Shahpur, Bhojpur 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.219 of 1999(4) 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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