Patna High Court
BACHCHA MANJHIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Bachcha Manjhi, filed a criminal appeal (DB) No.304 of 2010 before the Patna High Court. During the pendency of the appeal, the court received police reports and a death certificate confirming 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 cannot proceed if the appellant is deceased and no near relative applies for leave to continue. No such application was filed. 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 lower court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased
- Whether Section 394 CrPC (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.304 of 2010
======================================================
Bachcha Manjhi, Son of Late Gokul Manjhi, Resident of Village- Kahla
Harijan Toli, P.S.- Barauli, Dist.- Gopalganj.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Yogendra Prasad Sinha, Adv.
For the Respondent/s : Mr. G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 13-05-2026 Perused the Report No. 845 dated 09.05.2026 of the
Superintendent of Police, Gopalganj along with the Report
dated 05.05.2026 of the S.H.O., Barauli Police Station,
Gopalganj as well as the Certificate of Death dated 06.05.2026
of the Mukhiya of Gram Panchayat- Raj Kahla, Block- Barauli,
Dist.- Gopalganj; wherein it is indicated that the sole appellant,
namely, Bachcha Manjhi, 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.304 of 2010(5) dt.13-05-2026
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)
shivank/-
U T
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