Patna High Court
BINAY JHA and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are deceased and no relative sought leave to continue.
Summary
The appellants, Binay Jha and Bam Shankar Jha, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that both appellants had died. The Court examined the report and noted that, 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 no near relative applies for leave to continue it. No such application was filed by any relative of the deceased appellants. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died 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.297 of 2000
======================================================
1. Binay Jha
2. Bam Shankar Jha resident of Village-Sinwara, P.S.-Sonbarsa, District-
Saharsa.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jharkhandi Upadhyay, Advocate
For the Respondent/s : Mr. Dr. Mayanand Jha, 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. 122 dated 08.02.2026 of the
Superintendent of Police, Saharsa along with the Report dated
07.02.2026 of the Police Inspector-cum-S.H.O, Udakishunganj
Police Station, wherein it is indicated that during enquiry it
came to light that both the appellants, namely, Binay Jha and
Bam Shankar Jha, are 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.297 of 2000(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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