Patna High Court
SATYANARAIN SINGH @ JAGNARAIN SINGH and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellants are deceased and no near relative filed an application for leave to continue the appeal under Section 394 CrPC.
Summary
The appellants Satyanarain Singh and Surendra Singh filed a criminal appeal (DB) No.301 of 2001 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that both appellants had died. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no such application was filed, 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 after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal under Section 394 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.301 of 2001
======================================================
1. Satyanarain Singh, S/O Late Jagu Singh @ Jagnarain Singh.
2. Surendra Singh, S/O Late Ragho Singh,
Both resident of village- Lahang Dumariya, P.S.-Bihiyan, District-Bhojpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anil Prasad Singh, Advocate
Mr. Pankaj Kumar Singh, Advocate
For the Respondent/s : Mr. Ranjeet Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 10-04-2026 Perused the Letter No. 498 dated 18.03.2026 of
the Superintendent of Police, Bhojpur, Arrah, along with the
Report dated 18.03.2026 of the S.H.O., Bihiya Police Station,
Bhojpur, Arrah, wherein it is indicated that during enquiry it
came to light that the appellants, namely, Satyanarain Singh and
Surendra Singh, 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.301 of 2001(5) dt.10-04-2026
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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