Patna High Court

LALBARTI SINGHversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The criminal appeal is abated and disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

Lalbarti Singh filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police discovered that the sole appellant had died. The court examined the statutory provision governing the abatement of appeals when a party dies. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is extinguished if the appellant is deceased and no near relative applies for leave to continue it. Since no relative filed such an application, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

The appeal should be abated due to the death of the appellant in the absence of an application by a near relative 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
abated appeal
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.674 of 2006
                 ======================================================
                 Lalbarti Singh, Son of Late Kalpu Singh, resident of Village-Sion, P.S.-
                 Bhabua, District-Kaimur.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Dr.Amar Nath Singh, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   07-05-2026                     Perused the Letter No. 620 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 30.04.2026 of the Probationary Sub-Inspector of

                   Police, Sadar Police Station, Kaimur (Bhabua), wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Lalbarti Singh, 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.674 of 2006(3) dt.07-05-2026
                                                     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)
Neha/-

U

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