Patna High Court
Bindeshwar SahversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.
Summary
The appellant, Bindeshwar Sah, filed a criminal appeal (DB) No.328 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. 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 for abatement of proceedings when the accused dies and no relative applies to continue. Since no near relative filed an application for leave to continue the appeal, 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
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the CrPC (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.328 of 2013
Arising Out of PS. Case No.-202 Year-1993 Thana- KUDHNI District- Muzaffarpur
======================================================
Bindeshwar Sah S/O Late Nawrangi Sah Resident Of Village Basa Sumera,
P.S. Kurhani, District Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shakti Suman Kumar, Advocate
For the Respondent/s : Mr. G.P.Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 24-04-2026 Perused the Letter No. 280 dated 10.02.2026 of the
Senior Superintendent of Police, Muzaffarpur, along with the
Report dated 08.02.2026 of the Additional S.H.O., Turki Police
Station, Muzaffarpur as well as the Death Certificate, which was
issued by the Department of Planning and Development,
Government of Bihar; wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Bindeshwar Sah,
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
Patna High Court CR. APP (DB) No.328 of 2013(3) dt.24-04-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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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