Patna High Court

RAM NARESH SINGHversusSTATE OF BIHAR

Decided: 6 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no near relative applied for leave to continue.

Summary

The appellant, Ram Naresh Singh, filed a criminal appeal (DB) No.45 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter, a police report, and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. 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 lower court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.45 of 2004
                 ======================================================
                 Ram Naresh Singh, Son of Chandrama Singh, R/O Village-Bandipur, P.S.-
                 Ramgarh, District-Kaimur at Bhabua.

                                                                          ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Manoj Kumar, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   06-05-2026                    Perused the Letter No. 450 dated 24.04.2026 of the

                   Superintendent of Police, Kaimur, Bhabua, along with the

                   Report dated 23.04.2026 of the S.H.O., Ramgarh Police Station,

                   Kaimur as well as the Death Certificate, which was issued by

                   the Department of Planning and Development, Government of

                   Bihar; wherein it is indicated that during enquiry it came to light

                   that the sole appellant, namely, Ram Naresh Singh, 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.45 of 2004(3) dt.06-05-2026
                                                     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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