Patna High Court

SURAT LAL SAHversusSTATE OF BIHAR

Decided: 14 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Surat Lal Sah, filed a criminal appeal (DB) No. 247 of 2007 before the Patna High Court. During the pendency of the appeal, the court received letters and reports confirming that the sole appellant had died. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal stands abated upon the death of the appellant when 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
Section 435 BNS 2023
Procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No. 247 of 2007
                 ======================================================
                 Surat Lal Sah, Son of Late Dhaneshwar Sah, Resident of Village- Ithara, P.S.-
                 Saur Bazar, District- Saharsa.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Manish Kumar -3, 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   14-05-2026                    Perused the Letter No. 590 dated 11.05.2026 of the

                   Superintendent of Police, Saharsa, along with the report dated

                   11.05.2026 of the S.H.O., Baijnathpur P.S., Saharsa, as well as

                   the Report dated 11.05.2026, issued by Mukhiya, Gram

                   Panchayat- Gamhariya, Block Saurbazar, District- Saharsa,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Surat Lal Sah, is dead.

                               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

                   disposed of.
           Patna High Court CR. APP (DB) No. 247 of 2007(4) dt.14-05-2026
                                                        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)
Anjani/-

U      T

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