Patna High Court
Jagarnath SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative filed an application for leave to continue the appeal.
Summary
The appellant Jagarnath Singh filed a criminal appeal (Cr. App. No.448 of 2013) against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated 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 stands abated and ordered the appeal to be disposed of, directing the trial court records to be returned. The decision underscores the procedural rule that a criminal appeal cannot proceed without a surviving party or a valid application from a near relative.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under the applicable procedural provision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- Criminal appeal
- Abatement
- Death of appellant
- Procedural law
- Section 394 CrPC
- Section 435 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.448 of 2013
Arising Out of PS. Case No.-161 Year-2005 Thana- KOILWAR District- Bhojpur
======================================================
Jagarnath Singh, S/o Baleshwar Singh, R/o Village- Birampur Kritpura, P.S.-
Koilwar, District- Bhojpur, Ara
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajiva Ranjan, Advocate
For the Respondent/s : Mr.A.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 227 dated 15.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the report of
S.H.O., Gidha Police Station dated 06.02.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Jagarnath Singh has died. Certificate of death issued
by Up-Mukhiya of Gram Panchayat, Birampur, Block-Koilwar,
Bhojpur 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.448 of 2013(4) dt.07-05-2026
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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