Patna High Court
ARUN KUMAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023) as no relative applied for leave to continue.
Summary
The appellant, Arun Kumar Singh, filed a criminal appeal (DB) No.45 of 2001 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court 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 concerned court.
Issues considered
- Whether a criminal appeal can continue after 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
- 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.45 of 2001
======================================================
Arun Kumar Singh, Son of Late Thakur Yogendra Narayan Singh, Resident of
Village-Rampur, Police Station-Simir Bakhtiyarpur, District-Saharsa.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Jharkhandi Upadhyay, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 26-05-2026 Perused the Letter No. 546 dated 10.05.2026of the
Superintendent of Police, Saharsa along with the report of
S.H.O., Balwahat Police Station, Saharsa dated 08.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Arun Kumar Singh has died. Certificate of
death of the appellant issued by Sarpanch of Gram Kachahari,
Saroja, Block-Simri Bakhtiyarpur, Saharsa has also been
enclosed with the said reports.
2. In view of the said letters 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.45 of 2001(3) dt.26-05-2026
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.