Patna High Court
JATAI BIND @ JATAN BINDversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of where the appellant has died and no near relative applies for leave to continue.
Summary
The appellant Jatai Bind filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported in letters from the Superintendent of Police and the Police Inspector. The court examined whether the appeal could proceed in the absence of the appellant and without any application by a near relative. 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 the appellant dies and no near relative seeks leave to continue it. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated upon the death of the appellant when no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.489 of 2004
======================================================
Jatai Bind @ Jatan Bind, Son of Late Shyama Bind, Resident of Village-
Goraipur, Police Station-Bhabhua, District-Kaimur (Bhabhua).
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rewti Kant Raman, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
13 15-05-2026 Perused the Letter No. 796 dated 11.05.2026 of the
Superintendent of Police, Kaimur, Bhabhua along with the
report of Police Inspector cum S.H.O., Bhabhua, Kaimur
dated 30.04.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Jatai Bind @ Jatan Bind has
died.
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
disposed of.
3. Let the trial court records be sent back to the
Patna High Court CR. APP (DB) No.489 of 2004(13) dt.15-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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