Patna High Court

BAIJNATH SAOversusSTATE OF BIHAR

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative sought leave to continue.

Summary

The appellant Baijnath Sao filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police informed the court that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.650 of 2004
                 ======================================================
                 Baijnath Sao, S/O Shibu Sao, R/O Moh-Naya Bazar Dalpatti, Police Station-
                 Lakhisarai, District-Lakhisarai.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ajay Kumar Thakur, Advocate
                                              Mr. Nilesh Kumar, Advocate
                                              Mr. Mudit Meet, Advocate
                 For the Respondent/s   :     Mr. Abhimanyu Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   01-05-2026                     Perused the Letter No. 229 dated 14.02.2026 of the

                   Superintendent of Police, Lakhisarai along with the Report

                   dated 03.02.2026 of the Police Inspector-cum-S.H.O, Kabaiya

                   Police Station, Lakhisarai, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Baijnath

                   Sao, 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
         Patna High Court CR. APP (DB) No.650 of 2004(4) dt.01-05-2026
                                                     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)
Neha/-

U

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