Patna High Court

GUDDU KUMAR @ BIBHAKARversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of.

Summary

The appellant Guddu Kumar, who was the sole party to a criminal appeal, died during the pendency of the appeal. The police submitted a death certificate confirming his demise. 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 files an application to continue it. No relative applied for leave to proceed. Consequently, the High Court held that the appeal stands abated and ordered its disposal.

Issues considered

Whether a criminal appeal can continue when the sole appellant has died 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
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.410 of 2005
                 ======================================================
                 Guddu Kumar @ Bibhakar @ Bibhakar, S/O- Dip Narayan Thakur, R/O-
                 Village- Kusi Harpur Horil, P.S. - Kanti, District- Muzzafarpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sunil Kumar Pandey, Advocate
                 For the Respondent/s   :     Mr., APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   27-02-2026                     Perused the Letter No. 358 dated 14.02.2026 of the

                   Senior Superintendent of Police, Muzzafarpur along with the

                   Memo No. 343 dated 13.02.2026 of the Police Sub-Inspector

                   Kanti, Muzzafarpur wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Guddu Kumar @

                   Bibhakar @ Bibhakar, is dead and a photocopy of the death

                   certificate of the appellant has been annexed with the said

                   report.

                               2. In view of the said report 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
            Patna High Court CR. APP (DB) No.410 of 2005(6) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                       (Sangam Kumar Sahoo, CJ)


                                                     (Nawneet Kumar Pandey, J)
guddukr/-

U      T

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