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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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