Patna High Court

BALIRAM HAZARAversusSTATE OF BIHAR

Decided: 20 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue it.

Summary

The appellant, Baliram Hazra, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a letter from the Superintendent of Police and a police report. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which govern the abatement of criminal proceedings upon the death of the accused. Since no near relative filed an application seeking leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the appellant
Whether the filing of an application by a near relative is required to revive the appeal under Section 394 CrPC

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
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.522 of 1999
                  ======================================================
                  Baliram Hazra, Son of Mahipat Hazra, Resident of Village-Semari, P.S.-Sathi,
                  District-West Champaran.
                                                                             ... ... Appellant/s
                                                   Versus
                  The State of Bihar.                                    ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :     Mr. Ram Adya Singh, Advocate
                  For the Respondent/s    :     Mr. Sujit Kumar Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

8    20-02-2026                 Perused the Letter No. 176 dated 12.02.2026 issued

                    by the Superintendent of Police, Munger, along with the report

                    of the S.H.O., Sathi Police Station, West Champaran (Bettiah)

                    annexed thereto, wherein it has been mentioned that the sole

                    appellant, namely, Baliram Hazra, has died.

                                2. In view of the said letter and having regard to

                    Section 394 of the Code of Criminal Procedure, 1973, which

                    corresponds to Section 435 of the Bharatiya Nagarik Suraksha

                    Sanhita, 2023, and inasmuch as no near relative has filed any

                    application seeking leave to continue the appeal, the present

                    Criminal Appeal stands abated and is accordingly disposed of.



                                         (Sangam Kumar Sahoo, CJ)


                                              (Harish Kumar, J)
Neha/-

U        T

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