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Patna High Court

BHARTHARI SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Bharthari Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a police report and death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the Patna High 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

  • What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS Act
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.313 of 2007
                 ======================================================
                 BHARTHARI SINGH son of Sh. Asharfi Singh, resident of Village and Post-
                 Pasraha, P.S. - Pasraha, District – Khagaria.

                                                                        ... ... Appellant/s
                                                  Versus

                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    Mr. Sumant Singh
                 For the Respondent/s   :    A.P.P.
                 ======================================================
                 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. 531 dated 03.05.2026 of the

                   Superintendent of Police, Khagaria along with the report dated

                   03.05.2026 of the S.H.O., Pasraha P.S., Khagaria, wherein it is

                   indicated that during enquiry, it came to light that the sole

                   appellant, namely, Bharthari Singh, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said report as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.313 of 2007(3) dt.08-05-2026
                                                       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)
shailendra/-

U


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