Patna High Court
JAI PRAKASH SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Jai Prakash Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without an application by a near relative for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.43 of 2000
======================================================
Jai Prakash Singh son of Basudeo Singh, Resident of Village-Imadpur, Tole-
Udianpur, Police Station-Manjhi, District-Saran.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 01-05-2026 Perused the Letter No. 243 dated 11.02.2026 of the
Senior Superintendent of Police, Saran along with the report of
Police Sub Inspector, Manjhi Police Station, Saran dated
08.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Jai Prakash Singh, has died.
Certificate of death issued by Mukhiya of Gram Panchayat Raj,
Block-Manjhi, Saran, has also been enclosed with the said
report.
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.43 of 2000(7) dt.01-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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