Patna High Court

RAMASHISH PASWANversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal abates and is disposed of because the appellant died and no near relative sought leave to continue the appeal under the applicable statutory provision.

Summary

The appellant, Ramashish Paswan, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police superintendent's letter and a sub‑inspector's report. The court examined whether the appeal could continue in the absence of the appellant. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative files an application for leave to continue. 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

Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue?

Legislation cited

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

Subjects

criminal appeal
abatement
death of appellant
Section 394 CrPC
Section 435 BNS Act
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.461 of 2006
                 ======================================================
                 Ramashish Paswan, Son of Late Mangru Paswan, resident of village-Pinnipar,
                 P.S.-Chandi, District-Nalanda.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Rajendra Narain, Advocate
                 For the Respondent/s   :     Mr. Pp.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   24-04-2026                    Perused the Letter No. 356 dated 12.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   05.02.2026 of the Sub-Inspector of Police, Chandi Police

                   Station, Nalanda, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Ramashish

                   Paswan, 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.461 of 2006(4) dt.24-04-2026
                                                     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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