Patna High Court

BRIJ KUMAR ROYversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The criminal appeal stands abated and is disposed of under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Brij Kumar Roy, filed a criminal appeal (DB) No.219 of 2003 before the Patna High Court. During the pendency of the appeal, the court learned from a police letter and report that the appellant had died. The court examined the effect of the appellant's death on the pending appeal under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the court held that the appeal must abate. Consequently, the appeal was disposed of, and the trial court record was 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 seeks leave to continue the appeal?

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.219 of 2003
                 ======================================================
                 Brij Kumar Roy, Son of Late Lal Bhusan Roy, resident of Village-Roop
                 Sagar, P.s.-Nawanagar, District-Buxar.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Santosh Kumar Sinha 1, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                    Perused the Letter No. 628 dated 01.05.2026 of the

                   Superintendent of Police, Buxar along with the Report dated

                   01.05.2026 of the Sub-Inspector of Police, Nawanagar Police

                   Station, Buxar, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Brij Kumar Roy, 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.219 of 2003(4) dt.07-05-2026
                                                     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)
Neha/-

U

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