Patna High Court

BRIJ KISHORE SAHversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The criminal appeal stands abated and is disposed of as the appellant is dead and no near relative filed an application for leave to continue the appeal.

Summary

The appellant, Brij Kishore Sah, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as reported by the Superintendent of 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 an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

What is the effect on a criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?

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
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.587 of 2006
                 ======================================================
                 Brij Kishore Sah, Son of Late Ganga Sah, resident of Village-Gobarahiya
                 Done, P.S.-Gobardhana, District-West Champaran.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Vijay Kr Singh No. 1, Advocate
                 For the Respondent/s   :     Mr. Bipin Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                     Perused the Letter No. 267 dated 02.05.2026 of the

                   Superintendent of Police, Bagaha along with the Report dated

                   30.04.2026 of the S.H.O, Gobarahiya Done Police Station, West

                   Champaran, wherein it is indicated that during enquiry it came

                   to light that the sole appellant, namely, Brij Kishore Sah, 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

                   disposed of.
         Patna High Court CR. APP (DB) No.587 of 2006(4) dt.07-05-2026
                                                     2/2




                                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)
Neha/-

U

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