Patna High Court
RAMAN BHAGAT and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of due to the death of the appellants and the absence of any application by a near relative.
Summary
The appellants Raman Bhagat, Dhaneshwar Bhagat and Chandrama Devi were reported dead by the Superintendent of Police. The High Court considered whether the criminal appeal could proceed in the absence of any near relative filing an application to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that without such an application the appeal cannot be pursued. Consequently, the appeal was deemed abated. The Court therefore disposed of the appeal.
Issues considered
- Can a criminal appeal continue after the death of all appellants when no near relative seeks to continue the appeal?
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.407 of 1998
======================================================
1) Raman Bhagat son of Late Ram Narain Bhagat
2) Dhaneshwar Bhagat @ Dhanesh Bhagat son of Late Nanan Bhagat.
3) Chandrama Devi wife of Dhaneshwar Bhagat.
All resident of Village-Sabeya, P.S.- Mirganj, District-Gopalganj.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.K.Verma, 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 20-02-2026 Perused the Letter No. 288 dated 08.02.2026 issued
by the Superintendent of Police, Gopalganj, along with the
report of the S.H.O., Mirganj, Gopalganj annexed thereto,
wherein it has been mentioned that the appellants, namely,
Raman Bhagat, Dhaneshwar Bhagat @ Dhanesh Bhagat, and
Chandrama Devi, have died.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
Patna High Court CR. APP (DB) No.407 of 1998(4) dt.20-02-2026
2/2
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U T
Checking your session…