Patna High Court
GURU BACHAN PASWAN and ANR.versusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of under Section 394 CrPC as the appellants are deceased and no relative applied for leave to continue.
Summary
The appellants, Guru Bachan Paswan and Godhan Paswan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, both appellants were reported dead, as evidenced by police reports and a death certificate. The court examined whether the appeal could continue in the absence of the appellants and without any near relative applying for leave to proceed. 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 the appeal must abate when the appellant dies and no relative seeks continuation. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal proceed when the appellant has died and no near relative files an application for leave to continue?
- Does Section 394 of the CrPC (and its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandate abatement of the appeal in such circumstances?
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
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.476 of 2011
======================================================
1. Guru Bachan Paswan, S/o Late Thakur Paswan, R/o Village-Agion Bazar,
P.S.-Agion Bazar, Dist.-Bhojpur, Ara
2. Godhan Paswan, S/o Late Dabudan Paswan, R/o Village-Agion Bazar,
P.S.-Agion Bazar, Dist.-Bhojpur, Ara
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prabhu Narayan Sharma, Adv.
For the Respondent/s : Mr. S.B.Verma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Letter No. 1219 dated 10.05.2026 of the
Superintendent of Police, Bhojpur, Ara, along with the report
dated 10.05.2026 of S.H.O., Agion Bazar P.S., Bhojpur, Ara, as
well as the certificate of death issued on 10.05.2026, issued by
Mukhiya, Gram Panchayat Agion Bazar, Block-Piro, Bhojpur,
wherein it is indicated that during enquiry it came to light that
both the appellants, namely, Guru Bachan Paswan and Godhan
Paswan, are dead.
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
Patna High Court CR. APP (DB) No.476 of 2011(3) dt.13-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
supratim/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.