Patna High Court
BHUDEV PRASAD SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC.
Summary
The appellant Bhudev Prasad Singh filed a criminal appeal, but during the pendency of the appeal he died, as evidenced by a death certificate. The court examined a letter from the Senior Superintendent of Police and a report from the SHO confirming the death. The issue before the court was whether the appeal could continue in the absence of an application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal stands abated if no relative applies. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?
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.230 of 2003
======================================================
Bhudev Prasad Singh Son of Late Ganauri Prasad, Resident of Village-
Fattachak, P.S. Kajrailee (Nathnagar), District-Bhagalpur
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Krishna Mohan, Advocate
For the Respondent/s : Mr.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 309 dated 10.02.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of SHO, Kajrailee Police Station dated 07.02.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Bhudev Prasad Singh, has died. Certificate of
death issued by Mukhiya of Gram Panchayat Raj-
Bishanrampur, Block-Nathnagar, Bhagalpur, has also been
enclosed with the said report.
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.230 of 2003(5) dt.01-05-2026
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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