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Patna High Court

CHINA MUKHIA and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative filed an application for leave to continue.

Summary

The appellants, China Mukhia and Buchkun Mukhia, died during the pendency of their criminal appeal against the State of Bihar. The court examined a police letter and reports confirming their deaths. 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 continued only if a near relative files an application for leave to proceed. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal.

Legislation cited

Subjects

  • appeal abatement
  • death of appellant
  • Criminal Procedure Code
  • Section 394 CrPC
  • Section 435 Bharatiya Nagarik Suraksha Sanhita
  • continuation of appeal
  • legal standing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.423 of 2005
                 ======================================================
                 1. China Mukhia, Son of Shri Baua Mukhia.
                 2. Buchkun Mukhia @ Bichkun Mukhia, Son of Shri Shital Mukhia.
                    Both residents of Village-Parri, P.S.-Bangaon, District-Saharsha.

                                                                               ... ... Appellant/s
                                                  Versus
                 The State Of Bihar
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Diwakar Prasad Singh, 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)

4   17-04-2026                 Perused the Letter No. 188 dated 16.03.2026 of the

                   Superintendent of Police, Saharsha along with the Report dated

                   11.03.2026 of S.H.O, Bangaon Police Station, Saharsa and the

                   Report dated 11.03.2026 of the Mukhiya of Gram Panchayat-

                   Parari, Block-Kahra, Saharsha; wherein it is indicated that

                   during enquiry it came to light that the appellants, namely,

                   China Mukhia and Buchkun Mukhia @ Bichkun Mukhia, are

                   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
             Patna High Court CR. APP (DB) No.423 of 2005(4) dt.17-04-2026
                                                         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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