Patna High Court
BAIKUNTH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the relevant statutory provision.
Summary
The appellant, Baikunth Singh, died as confirmed by police reports and a death certificate. The appeal was pending before the Patna High Court. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with abatement of appeals on the death of a party. No near relative of the deceased had filed an application for leave to continue the appeal. Accordingly, the court held that the appeal could not proceed and was abated. The trial court record was ordered to be sent back, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal must be abated when the appellant dies and no near relative seeks leave to continue the appeal under the applicable procedural provisions?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- CrPC Section 394
- Bharatiya Nagarik Suraksha Sanhita Section 435
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.291 of 2010
======================================================
Baikunth Singh, son of Late Bharosi Singh R/O Vill.- Bharkatta, P.S.- Griyak,
Distt.- Nalanda
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Amir Alam, Advocate
For the Respondent : Smt. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the report dated 13.05.2026 of the
Superintendent of Police, Nalanda along with the report dated
11.05.2026 of the Assistant Sub-Inspector of Police, Giriyak
Police Station, Nalanda, which indicate that the sole appellant
Baikunth Singh is dead and the death certificate of the appellant
is annexed with the said report.
2. In view of the said reports 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.291 of 2010(3) dt.26-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
U
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