Created by Fuzzy Cloud

Patna High Court

ANUPLAL SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative sought leave to continue.

Summary

The appellant, Anuplal Sah, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant was found to be deceased, as confirmed by police and local reports. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue when the appellant is dead and no near relative applies for leave to continue.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.226 of 2004
                 ======================================================
                 Anuplal Sah, S/o Deena Nath Sah, resident of Basantpur, Babusaheb Tola,
                 P.S.- Pirpapainty, District-Bhagalpur

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Saurabh Raj, Adv.
                                               Mr. Ravi Prakash Dwivedi, 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. 311 dated 10.02.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   Report dated 08.02.2026 of S.H.O, Pirpainty Police Station as

                   well as the Report dated 06.02.2026 of the Sarpanch of the

                   Gram Kachahari Harinkol, Block-Pripainty, Bhagalpur; wherein

                   it is indicated that during enquiry it came to light that the sole

                   appellant, namely, Anuplal Sah, 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
            Patna High Court CR. APP (DB) No.226 of 2004(4) dt.03-04-2026
                                                        2/2




                      disposed of.

                                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.