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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

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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