Patna High Court
DHIRAN BIND @ DHARAN MAHTOversusThe State of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Dhiran Bind, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the court learned from police and local authorities that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative applies for leave to continue the appeal. No such application was filed. Consequently, the court held that the appeal stood abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- The appeal can continue after the death of the appellant without a near relative filing an application for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.411 of 1996
Arising Out of PS. Case No.-86 Year-1991 Thana- BALIYA District- Begusarai
======================================================
Dhiran Bind @ Dharan Mahto, S/O Bhujungi Mahto, R/O Village- Kharka,
Bind Tola, P.S. Medni, Chauki, Dist. Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Dr. Amrendra Kumar, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the Letter No. 1323 dated 08.05.2026 of the
Superintendent of Police, Begusarai, along with the report dated
07.05.2026 of Additional S.H.O.- Medni P.S., Munger, as well
as the certificate of death issued by Sarpanch, Village-Bansipur,
Amarpur, Medni P.S., Block Suryagarha, Dist.-Lakhisarai,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Dhiran Bind @ Dharan Mahto, is
dead.
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.411 of 1996(7) dt.13-05-2026
2/2
disposed of.
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)
supratim/-
U T
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