Patna High Court

DHIRENDRA @ MUNNA SINGHversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal is abated and disposed as no application for leave to continue was filed after the appellant's death.

Summary

The appellant, Dhirendra @ Munna Singh, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Senior Superintendent of Police and the SHO. 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. No relative filed such an application. Consequently, the court held that the appeal could not proceed. The appeal was therefore abated and disposed of.

Issues considered

Does a criminal appeal stand abated upon the death of the appellant when no near relative files an application 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
Abatement
Death of Appellant
CrPC
Procedural Law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.440 of 1998
                  ======================================================
                  Dhirendra @ Munna Singh Son of Late. Ram Bachan Singh, Resident of
                  Village Sakhichand Ghat Road, Mohalla Naya Bazar, P.S. Kotwali, District
                  Bhagalpur.
                                                                         ... ... Appellant/s
                                                 Versus
                  State of Bihar
                                                                      ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr.Rai Ram Singh, Advocate
                  For the Respondent/s   :      Mr.Manish Kumar No.2, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER
                  (Per: HONOURABLE THE CHIEF JUSTICE)

4    27-02-2026                  Perused the Letter No.291 dated 09.02.2026 of the Senior

                    Superintendent of Police, Bhagalpur along with the report of SHO,

                    Jogsar, police station dated 08.02.2026, wherein it is indicated that

                    during enquiry it came to light that the sole appellant Dhirendra @

                    Munna Singh, has died.

                                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.


                                                      (Sangam Kumar Sahoo, CJ)


                                                     (Nawneet Kumar Pandey, J)
ranjan/-

U

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