Patna High Court

KARTIK SAHversusTHE STATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative sought leave to continue the appeal.

Summary

The appellant, Kartik Sah, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the 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 deceased and no near relative applies for leave to continue the appeal. 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 concerned court.

Issues considered

What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.296 of 2012
                 Arising Out of PS. Case No.-78 Year-1997 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 KARTIK SAH S/O Late Ganga Sah Resident Of Village- Chowki, P.S.-
                 Sahebpur, Kamal, District- Begusarai

                                                                                ... ... Appellant/s
                                                       Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr. Randhir Kumar No-1, Advocate
                 For the Respondent/s    :         Mr. G.P.Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                    Perused the Letter No. 279 dated 06.02.2026 of the

                   Superintendent of Police, Begusarai along with the Report dated

                   04.02.2026       of       the   Sub-Inspector     of    Police-cum-S.H.O,

                   Sahebpur Kamal Police Station, wherein it is indicated that

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

                   Kartik Sah, 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.296 of 2012(3) dt.24-04-2026
                                                     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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