Patna High Court
Nand Kishore SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no application for leave to continue was filed by any near relative of the deceased appellant.
Summary
The appellant, Nand Kishore Singh, filed a criminal appeal (DB) No.42 of 2014 arising from a 1998 case. Police reports dated February 2026 confirmed that the appellant had died. 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 deceased and no near relative files an application to continue it. No relative applied for leave to continue the appeal. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can be abated and disposed of when the appellant is deceased and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 BHSS.
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.42 of 2014
Arising Out of PS. Case No.-5 Year-1998 Thana- PIRO District- Bhojpur
======================================================
Nand Kishore Singh
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Rahul Nath, Advocate
For the Respondent : Mr. A.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
11 15-05-2026 Perused the report dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report
dated 08.02.2026 of the Police Inspector-cum-S.H.O., Piro
Police Station, Bhojpur, Ara, which indicate that the sole
appellant Nand Kishore Singh is dead.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.42 of 2014(11) dt.15-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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