Patna High Court
SURYA NARAYAN SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue.
Summary
The appellant, Surya Narayan Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which requires a near relative to apply for leave to continue an appeal after the appellant's death. No near relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative files an application for leave to continue under Section 394 CrPC (or Section 435 B.N.S. 2023).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- death of appellant
- abated appeal
- Section 394 CrPC
- Section 435 B.N.S. 2023
- criminal procedure
- appeal abatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.299 of 2004
======================================================
Surya Narayan Singh, Son of Late Raghunandan Singh, Resident of Village-
Dafarpur, Police Station-Nao Kothi, District-Begusarai.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Lakshmi Kant Sharma, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 1076 dated 28.04.2026 of the
Superintendent of Police, Begusarai along with the report of Sub
Inspector of Police, Nao Kothi dated 07.02.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Surya Narayan Singh has died. Certificate of death
issued by Mukhiya of Gram Panchayat Raj, Dafarpur, Nao
Kothi, Begusarai has also been enclosed with the said report.
2. In view of the said letters 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.299 of 2004(3) dt.08-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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