Patna High Court
SHIVMURAT BIND @ MENTI BINDversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.
Summary
The appellant, Shivmurat Bind, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the police informed the court that the appellant had died. The court examined whether the appeal could continue in the absence of the appellant and without any application by a near relative. 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 an appeal abates if the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue the appeal?
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.253 of 2006
======================================================
Shivmurat Bind @ Menti Bind, Son of Ramtahal Bind, Resident of Village-
Tiwai, Police Station-Chainpur, District-Kaimur at Bhabua.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajani Kant Pandey, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 06-05-2026 Perused the Letter No. 635 dated 01.05.2026 of the
Superintendent of Police, Kaimur (Bhabua) along with the
Report dated 30.04.2026 of the A.S.I., Chainpur Police Station,
Kaimur (Bhabua), wherein it is indicated that during enquiry it
came to light that the sole appellant, namely, Shivmurat Bind @
Menti Bind, 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.253 of 2006(6) dt.06-05-2026
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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