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Patna High Court

BHOLA KHAN @ BHOLWAversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal was abated and disposed of as the appellant was deceased and no near relative sought leave to continue the appeal.

Summary

The appellant, Bhola Khan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died, attaching a death certificate. The court examined this report and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. Since no near relative filed an application for leave to proceed, the court held that the appeal could not continue. Consequently, the appeal was abated and 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 after the death of the appellant when no near relative applies for leave to continue the appeal

Legislation cited

Subjects

  • Criminal appeal
  • Abatement
  • Death of appellant
  • Procedural law
  • Section 394 CrPC
  • Section 435 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.590 of 2008
                 ======================================================
                 Bhola Khan @ Bholwa, Son of Jamir Khan, R/o village- Paithan Kabai, P.S.-
                 Manigachi, District- Darbhanga.


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


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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   06-05-2026                     Perused the Letter No. 344 dated 29.04.2026 of the

                   Superintendent of Police, Madhubani along with the report of

                   the Mukhiya, Gram Panchayat- Pathan Kabai, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Bhola Khan @ Bholwa, is dead and the death

                   certificate of the appellant is annexed with the said report.

                               2. In view of the said report 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.590 of 2008(8) dt.06-05-2026
                                                        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)
guddukr/-

U      T


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