Created by Fuzzy Cloud

Patna High Court

ARJUN RAMversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.

Summary

Arjun Ram appealed against a conviction by the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application to seek leave to continue the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of criminal appeals upon the death of the appellant unless a relative applies. Since no such application was made, the Court held that the appeal stood abated and ordered it disposed. The trial court records were to be sent back to the lower court.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant in the absence of an application by a near relative
  • Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement in such circumstances

Legislation cited

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.378 of 2011
                 ======================================================
                 Arjun Ram, Son Of Late Rajeshwar Ram, Resident Of Village Madhaipur,
                 P.S. Dalsingsarai, District-Samastipur

                                                                            ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Jitendra Narain Sinha, Advocate
                 For the Respondent/s   :     Mr.Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                 Perused the Letter No. 817 dated 09.05.2026 of the

                   Superintendent of Police, Samastipur along with the report of

                   Police Inspector cum S.H.O., Dalsinghsarai Police Station dated

                   07.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Arjun Ram has died. Certificate of

                   death of the appellant issued by Sarpanch of Gram Kachahari,

                   Nagargama, Block-Dalsinghsarai, Samastipur has also been

                   enclosed with the said report.

                               2. In view of the said letters 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.378 of 2011(3) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.