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Patna High Court

RAMANAND PASWAN and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of because the appellants are deceased and no relative applied for leave to continue.

Summary

The appellants, Ramanand Paswan and Suresh Paswan, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police reports dated 04-05-2026 and 06-05-2026 revealed that both appellants had died, and death certificates were attached. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed and was therefore abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • The appeal can continue despite the death of the appellants if no relative applies for leave to continue.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.648 of 2006
                 ======================================================
                 1. Ramanand Paswan, S/o Kailash Paswan
                 2. Suresh Paswan, S/o Ramashray Paswan
                 Both R/o Vill. Onama, P.S. Barbigha, District - Sheikhpura

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                        Perused the report dated 06.05.2026 of the

                   Superintendent of Police, Sheikhpura along with the report

                   dated 04.05.2026 of the Sub-Inspector of Police, Sheikhopur

                   Sarai P.S., wherein it is indicated that during enquiry, it came to

                   light that the both the appellants, namely, Ramanand Paswan

                   and Suresh Paswan are dead and the death certificates of the

                   appellants are annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and
            Patna High Court CR. APP (DB) No.648 of 2006(3) dt.13-05-2026
                                                        2/2




                      disposed of.

                                   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)
shailendra/-

U       T


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