Patna High Court

ISHWAR PRASAD@BHAGWAN PRASADversusTHE STATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Ishwar Prasad, died during the pendency of his criminal appeal. The Superintendent of Police informed the court of his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased
Whether the filing of an application by a near relative is required to continue 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
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.59 of 2012
                       Arising Out of PS. Case No.-240 Year-2009 Thana- RAHUI District- Nalanda
                 ======================================================
                 ISHWAR PRASAD@BHAGWAN PRASAD S/O Late Mahavir Mahto R/O
                 Vill. Paithna, P.S. Rahui Wena Distt. Nalanda

                                                                                  ... ... Appellant/s
                                                       Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Harish Kumar, Advocate
                 For the Respondent/s    :        Mr. A.Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   24-04-2026                    Perused the Letter No. 453 dated 14.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   09.02.2026 of the S.H.O, Wena Police Station, Nalanda,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Ishwar Prasad @ Bhagwan Prasad, 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.59 of 2012(5) dt.24-04-2026
                                                     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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