Patna High Court

ARUN 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 as no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Arun Singh, died during the pendency of his criminal appeal (CR. APP (DB) No.389 of 1998). The court examined a letter and police report confirming his death. 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 no near relative files an application to continue it. Since no such application was made, 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 after the death of the sole appellant without 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.389 of 1998
                 ======================================================
                 Arun Singh, Son of Ram Laxan Singh, resident of Village-Khanpur Pakri,
                 Police Station-Bidupur, District-Vaishali.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Rabindra Kumar Priyadarshi, Advocate
                 For the Respondent/s   :     Mr. Dr. Mayanand Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   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, Arun 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.389 of 1998(8) 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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