Patna High Court
MD. BASHIRULversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant died and no near relative applied for leave to continue under Section 394 of the CrPC.
Summary
The appellant, Md. Bashirul, died while his criminal appeal was pending before the Patna High Court. The police submitted a report and death certificate confirming his death. 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 abates if the appellant dies 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 the case was disposed of, with the trial court records to be returned to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.335 of 2003
======================================================
Md. Bashirul Son of Md. Abdul Hassan, Resident of Mihalla-Ekmighat
Ballopur, P.S.-Bahadurpur, District-Darbhanga.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md. Kamran, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 156 dated 09.02.2026 of the
Senior Superintendent of Police, Darbhanga along with the
report of Police Inspector cum SHO, Bahadurpur Police Station
dated 09.02.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Md. Bashirul, has died. Death
Certificate issued by Department of Planning and Development,
Governmnet of Bihar has also been enclosed with the said
report.
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
Patna High Court CR. APP (DB) No.335 of 2003(3) dt.01-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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