Patna High Court
JHAGARU BINDversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Jhagaru Bind, filed a criminal appeal which was pending when he died, as evidenced by a death certificate. The Superintendent of Police submitted a report confirming the appellant's death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative applies for leave to continue it. No such application was filed. Consequently, the court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back.
Issues considered
- What is the effect of the appellant's death on a pending criminal appeal when no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- section 394 CrPC
- section 435 BHNS 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.687 of 2006
======================================================
Jhagaru Bind, Son of Kalpu Bind, Resident of Village-Bheldi (Nawanagar),
Police Station-Bhagawanpur, District-Kaimur.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhaskar Shankar, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 08-05-2026 Perused the Letter No. 573 dated 30.04.2026 of the
Superintendent of Police, Kaimur along with the report of
S.H.O., Bhagwanpur Police Station, Kaimur dated 29.04.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Jhagaru Bind has died. Death certificate of the
appellant issued by Raipur Municipal Corporation, Department
of Planning, Economics and Statistics, Government of
Chhatisgarh, has also been enclosed with the said report.
2. In view of the said letters 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.687 of 2006(7) dt.08-05-2026
2/2
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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