Patna High Court

NIRANJAN SINGHversusSTATE OF BIHAR

Decided: 10 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.

Summary

The appellant, Niranjan Singh, filed a criminal appeal (DB) No.367 of 1998 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The court examined the report and noted that, under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for leave to continue the appeal. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the appeal was 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 when the appellant is deceased and no near relative applies for leave to proceed

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.367 of 1998
                 ======================================================
                 Niranjan Singh, S/O Baijnath Singh, resident of Khanpur Pakari, P.S.-
                 Bidupur, District-Vaishali at Hajipur.


                                                                             ... ... Appellant/s

                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Niraj Kumar, Advocate
                 For the Respondent/s   :     Mr. Abhimanyu Sharma, 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. 401 dated 30.03.2026 of the

                   Superintendent of Police, Vaishali along with the Report dated

                   30.03.2026 of the S.H.O, Bidupur Police Station, Vaishali,

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

                   the sole appellant, namely, Niranjan Singh, 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

                   disposed of.
         Patna High Court CR. APP (DB) No.367 of 1998(4) dt.10-04-2026
                                                     2/2




                                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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