Patna High Court
Bijay MishraversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and the absence of a leave application from a near relative.
Summary
The appellant, Bijay Mishra, filed a criminal appeal (DB) No.477 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. The court examined the implications of the appellant's death under Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed, with the trial court record to be sent back to the lower court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant without a leave application from a near relative
- Applicability of Section 394 of the Code of Criminal Procedure, 1973 (and its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to abate 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.477 of 2014
Arising Out of PS. Case No.-150 Year-2010 Thana- RIGA District- Sitamarhi
======================================================
Bijay Mishra Son of Late Shayam Narayan Mishra Resident of Village -
Olipur, P.S. - Runnisaidpur, District - Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shiva Shankar Prasad Singh, Advocate
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)
5 11-05-2026 Perused the Letter No. 264 dated 05.05.2026 of the
Superintendent of Police, Sitamarhi, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Bijay Mishra, is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said report 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.477 of 2014(5) dt.11-05-2026
2/2
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)
guddukr/-
U T
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