Patna High Court

AWADH BIHARI BHATTAversusSTATE OF BIHAR

Decided: 3 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of under the provisions of Section 394 CrPC/Section 435 B.N.S. 2023.

Summary

The appellant, Awadh Bihari Bhatta, filed a criminal appeal (DB) No. 583 of 2001 before the Patna High Court. During the pendency of the appeal, the police discovered that the sole appellant had died. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that the appeal could not proceed and was therefore abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal may continue when the sole appellant is deceased and no relative seeks leave to proceed

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.583 of 2001
                 ======================================================
                 Awadh Bihari Bhatta, son of late Surith Bhatt, resident of Village and P.O.-
                 Balbandh, P.S.-Charpokhari, District-Bhojpur at Arrah.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Anil Kumar, Adv.
                 For the Respondent/s   :      Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   03-04-2026                 Perused the Letter No. 267 dated 15.02.2026 of the

                   Superintendent of Police, Bhojpur, Ara along with the Report

                   dated 07.02.2026 of Inspector of Police-cum-S.H.O, Charpokhri

                   Police Station as well as the Report dated 07.02.2026 of the

                   Ward Member of Ward No. 03 of Gram Panchayat-Kaup, Block-

                   Gadhani, Bhojpur; wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Awadh Bihari

                   Bhatta, is dead.

                               2. In view of the said letter 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.583 of 2001(7) dt.03-04-2026
                                                        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)
shivank/-

U      T

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