Patna High Court
JAGDISH RAJBHAR @ JAGDISH BHARversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative has applied to continue the appeal.
Summary
The appellant Jagdish Rajbhar filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Superintendent of Police and the investigating S.H.O. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when the appellant dies and no near relative applies to continue the appeal. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.434 of 2004
======================================================
Jagdish Rajbhar @ Jagdish Bhar, Son of Late Bachan Bhar, Resident of
Village-Rahimpur, P.S.-Nautan in the District-Siwan.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Uday Bhan Singh, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 01-05-2026 Perused the Letter No. 134 dated 07.02.2026 of the
Superintendent of Police, Siwan along with the Report dated
07.02.2026 of the Police S.H.O, Nautan Police Station, Siwan,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Jagdish Rajbhar @ Jagdish Bhar, is
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
disposed of.
Patna High Court CR. APP (DB) No.434 of 2004(3) dt.01-05-2026
2/2
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)
Neha/-
U
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