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Patna High Court

SHRI BHAGWAN SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant has died and no relative sought its continuation.

Summary

The appellant Bhagwan Singh filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the sole appellant Kedar Singh was found to have died, as evidenced by a death certificate. No near relative filed an application for leave to continue the appeal. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provide that an appeal abates on the death of the appellant unless a relative seeks its continuation. Accordingly, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

  • Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under the relevant procedural law?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • CrPC
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.614 of 2002
                 ======================================================
                 Shri Bhagwan Singh Son of Sri Deo Nath Singh, Resident of Village Garbhe,
                 P.S.-Kargahar, at present residing at Village-Siswar, P.S.-Kudra, District-
                 Kaimur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Narendra Kumar, Advocate
                                                 Ms. Rashmi Ranjan, Advocate
                 For the Respondent/s    :       Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 247 dated 18.02.2026 of the

                   Superintendent of Police, Kaimur (Bhabhua) along with the

                   report of Police Sub Inspector cum SHO, Kudra Police Station,

                   Kaimur dated 12.02.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Kedar Singh , has

                   died. Death Certificate of sole appellant Kedar Singh issued by

                   the Department of Planning and Development, Gram Panchayat-

                   Siswar dated 29.03.2020 has also been enclosed with the said

                   report.

                                  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,
           Patna High Court CR. APP (DB) No.614 of 2002(3) dt.01-05-2026
                                                       2/2




                     since no near relative has filed any application for leave to

                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                  3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                             (Sangam Kumar Sahoo, CJ)



                                                                 (Harish Kumar, J)
ranjan/-

U


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