Patna High Court

GOPAL SINGH @ GOPAL JEE SINGHversusSTATE OF BIHAR

Decided: 13 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE ALOK KUMAR SINHA

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Gopal Singh, died during the pendency of Criminal Appeal No.352 of 2001, as confirmed by a death certificate attached to a letter from the Superintendent of Police. No near relative filed an application for leave to continue the appeal after his death. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern abatement of criminal proceedings upon the death of the accused. Applying this provision, the Court held that the appeal could not proceed without a relative’s application. Consequently, the appeal was abated and disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

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.352 of 2001
                  ======================================================
                  Gopal Singh @ Gopal Jee Singh, Son Of Late Rajendra Singh, Resident Of
                  Village- Suyajatpur, P.S. Dhansoi, District-Buxar.
                                                                         ... ... Appellant/s
                                                      Versus
                  The State Of Bihar
                                                                      ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Akhileshwar Prasad Singh, Advocate
                  For the Respondent/s   :     Mr. Pp.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

8    13-02-2026                    Perused the Letter No.193 dated 08.02.2026 of the

                    Superintendent of Police, Buxar, wherein it is mentioned that

                    the appellant, Gopal Singh @ Gopal Jee Singh has died and the

                    death certificate of the appellant has also been annexed to the

                    said letter.

                                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.



                                                  (Sangam Kumar Sahoo, CJ)


                                                     (Alok Kumar Sinha, J)
guddukr/-
U      T

Continue reading with your account

Checking your session…