Patna High Court
MUSLIM SAIN @ MUSLIM SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Muslim Sain, filed a criminal appeal against the State of Bihar. While the appeal was pending, the appellant died, as confirmed by police and death certificate documents. No near relative applied for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal cannot proceed. Consequently, the appeal was abated and disposed of. 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 without an application by a near relative for leave to continue?
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.61 of 2004
======================================================
Muslim Sain @ Muslim Sah, Son of Late Mubarak Sain, Resident of Village-
Bilardhe, P.S.- Bairgania, Dist.- Sitamarhi.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prasoon Sinha, Sr. Adv.
For the Respondent/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 11-05-2026 Perused the Letter No. 314 dated 04.05.2026 of the
Superintendent of Police, Sitamarhi along with the Report dated
30.04.2026 of the S.H.O., Bairgania Police Station as well as the
Certificate of Death dated 02.05.2026 of the Sarpanch of Gram
Kachhari, Jamua, Block- Bairgania, Sitamarhi; wherein it is
indicated that the sole appellant, namely, Muslim Sain @
Muslim 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.61 of 2004(8) dt.11-05-2026
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)
shivank/-
U T
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