Patna High Court

SANJAY KUMAR ROYversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

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

Summary

The appellant, Sanjay Kumar Roy, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Senior Superintendent of Police and the police inspector. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal upon the death of the sole appellant unless a near relative applies for leave to continue. No such application was filed by any relative. Consequently, the court held that the appeal could not proceed and ordered it to be abated and disposed of.

Issues considered

Does a criminal appeal abate upon the death of the sole appellant when no near relative files an application for leave to continue?

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.356 of 1998
                  ======================================================
                  Sanjay Kumar Roy son of Awadh Kishor Roy, resident of village Rannuchak,
                  Police Station Nathnaga, District Bhagalpur.
                                                                           ... ... Appellant/s
                                                      Versus
                  State of Bihar
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr.Sidhendra Nr.Singh, Advocate
                  For the Respondent/s   :      Km. Shashi Bala Verma, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)

3    27-02-2026                  Perused the Letter No.293 dated 09.02.2026 of the Senior

                    Superintendent of Police, Bhagalpur along with the report of Police

                    Inspector cum SHO, Nathnagar, police station dated 07.02.2026,

                    wherein it is indicated that during enquiry it came to light that the

                    sole appellant Sanjay Kumar Roy, has died.

                                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)


                                                 (Nawneet Kumar Pandey, J)
ranjan/-

U

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