Patna High Court
BHUNDEO SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal is abated and disposed of if the appellant dies and no near relative files an application for leave to continue the appeal under the relevant statutory provision.
Summary
The appellant, Bhundeo Singh, filed a criminal appeal (DB) No.311 of 1998 before the Patna High Court. During the pendency of the appeal, the court received a letter and police reports confirming that the appellant had died. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of an appeal when the appellant is deceased and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered 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 seeks leave to continue the appeal under Section 394 CrPC/Section 435 BNS?
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.311 of 1998
======================================================
Bhundeo Singh, S/o Sri Birendra Prasad Singh, R/o Village Dhandhua, P.S.
Jandaha, District Vaishali
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Niraj Kumar, Adv.
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 17-04-2026 Perused the Letter No. 170 dated 11.02.2026 of the
Superintendent of Police, Vaishali along with the Report dated
11.02.2026 of Assistant Sub Inspector – cum - Jandaha, Vaishali
Police Station as well as the report of Sarpanch, Gram
Panchayat- Raj Basantpur, Block- Jandaha (Vaishali), wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Bhundeo Singh, 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.311 of 1998(7) dt.17-04-2026
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)
supratim/-
U T
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