Patna High Court
BINDESHWARI RAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of.
Summary
The appellant, Bindeshwari Ram, filed a criminal appeal (DB) No.339 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police superintendent's letter, an inspector's report, and a death certificate. The court examined the applicability of 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 it. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the criminal appeal was 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 criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC (or Section 435 B.N.S. 2023)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.339 of 2002
======================================================
Bindeshwari Ram, Son of Late Jugal Ram, Resident of Village- Kahra, Police
Station- Saharsa, District-Saharsa.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ratan Kumar, Advocate
For the Respondent/s : Ms. Shashi Bala Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 10-04-2026 Perused the Letter No. 170 dated 26.02.2026 of the
Superintendent of Police, Saharsa, along with the Report dated
24.02.2026 of the Police Inspector-cum-S.H.O., Sadar Police
Station, Saharsa 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, Bindeshwari
Ram, 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
Patna High Court CR. APP (DB) No.339 of 2002(4) dt.10-04-2026
2/2
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
Checking your session…