Patna High Court

Bisheshwar SharmaversusThe State Of Bihar

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Bisheshwar Sharma, filed a criminal appeal (DB) No.5 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the S.H.O. The Court examined the effect of the appellant's death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative applied for leave to continue the appeal, the Court held that the appeal abates. Consequently, the appeal was disposed of and the trial court records were ordered to be sent back to the trial court.

Issues considered

Whether a criminal appeal abates upon the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023) when no near relative seeks leave to continue the appeal.

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.5 of 2013
                    Arising Out of PS. Case No.-15 Year-2010 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Bisheshwar Sharma S/O Late Adhik Sharma Resident Of Village- Sarauhi
                 Kala, Sharma Tola, P.S- Bihariganj, District- Madhepura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Anant Kumar-1, Advocate
                 For the Respondent/s    :        Mr. S.C.Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-03-2026                    Perused the Letter No. 200 dated 08.02.2026 of the

                   Superintendent of Police, Madhepura, along with Memo No.

                   241 of 2026 dated 07.02.2026 of the S.H.O., Bihariganj Police

                   Station, Madhepura, wherein it is indicated that during the

                   enquiry it came to light that the sole appellant, namely,

                   Bisheshwar Sharma, is dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.5 of 2013(5) dt.13-03-2026
                                                     2/2




                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

Continue reading with your account

Checking your session…