Patna High Court

NANDLAL PRASADversusSTATE OF BIHAR

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

Holding

The criminal appeal stands abated and is disposed of in accordance with Section 394 of the Code of Criminal Procedure, 1973.

Summary

The appellant, Nandlal Prasad, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced by the police. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that a criminal appeal abates on the death of the appellant unless a near relative applies for leave to continue. No near relative filed such an application. Consequently, the court held that the appeal stood abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

Does a criminal appeal abate upon the death of the appellant under Section 394 CrPC?
Is an application by a near relative required to continue the appeal after the appellant's death?

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.527 of 2005
                 ======================================================
                 Nandlal Prasad, S/o Nathuni Prasad, R/o Village-Dhoomnagar, P.S.- Nautan,
                 District- West Champaran at Bettiah.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    Mr. Ashutosh Kumar, Advocate
                 For the Respondent/s   :    Mr. Binod Bihari Singh, 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. 304 dated 21.02.2026 of the

                   Superintendent of Police, West Champaran (Bettiah), along with

                   Memo No. 552 of 2026 dated 19.02.2026 of the Sub-Inspector-

                   cum-S.H.O., Nautan Police Station, wherein it is indicated that

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

                   namely, Nandlal Prasad, is dead and the death certificate of the

                   appellant is annexed with the said report.

                               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
         Patna High Court CR. APP (DB) No.527 of 2005(5) dt.13-03-2026
                                                     2/2




                   and is disposed of accordingly.

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

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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