Patna High Court

TAPESHWAR SINGHversusSTATE OF BIHAR

Decided: 17 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Tapeshwar Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Senior Superintendent of Police reported that the appellant had died. 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 is dead and no near relative files an application to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

The appeal can continue despite the death of the appellant if no near relative applies for leave to continue.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.281 of 2002
                 ======================================================
                 Tapeshwar Singh, S/o-Late Lakha Singh, R/o Village-Datiyana, P.S.-Bikram,
                 District-Patna

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Shivendra Kumar Sinha, Adv.
                 For the Respondent/s   :     Mr. Binod Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   17-04-2026                 Perused the Letter No. 451 dated 13.02.2026 of the

                   Senior Superintendent of Police, Patna along with the Report of

                   Up Mukhiya dated 09.02.2026 of the Gram Panchayat-Datiyana,

                   Block-Bikram, District-Patna; wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely,

                   Tapeshwar Singh, 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.

                               3. Let the trial court record be sent back to the
             Patna High Court CR. APP (DB) No.281 of 2002(4) dt.17-04-2026
                                                         2/2




                       concerned court immediately, if not required in any other cases.



                                            (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U      T

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