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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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
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