Patna High Court
JAI RAM SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
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, Jai Ram Singh, died during the pendency of Criminal Appeal No.376 of 2005. The court examined a police letter confirming his death and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no application is filed. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.
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.376 of 2005
======================================================
Jai Ram Singh, Son of Late Bhavesh Chandra Singh, Resident of Village-
Maniari, P.S.-Bath, District-Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shobha Nath Jha, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 07-05-2026 Perused the Letter No. 790 dated 30.04.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
Report dated 30.04.2026 of the S.H.O, Bath Police Station,
Bhagalpur, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Jai Ram 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.376 of 2005(7) dt.07-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.