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Patna High Court

Bhanu SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Bhanu Singh, filed a criminal appeal (DB) No.69 of 2014 arising from a 1995 case. During the pendency of the appeal, the police and local authorities reported that the appellant had died. The court examined the letters and reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal stands abated and is disposed of. The trial court record is to be sent back to the concerned court.

Issues considered

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

Legislation cited

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.69 of 2014
                  Arising Out of PS. Case No.-163 Year-1995 Thana- BHABHUA District- Kaimur (Bhabua)
                  ======================================================
                  Bhanu Singh S/O Late Ram Naresh Singh Resident Of Village Ekhalashpur,
                  P.S- Bhabhua, District-Kaimur.

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

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Chakravarti Singh, Adv.
                  For the Respondent/s   :        Mr. G.P.Jaiswal, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

13   17-04-2026                 Perused the Letter No. 201 dated 10.02.2026 of the

                    Superintendent of Police, Kaimur (Bhabhua) along with the

                    Report dated 06.02.2026 of Inspector of Police – cum - S.H.O,

                    Bhabhua Police Station and the Letter dated 06.02.2026 of the

                    Mukhiya of Gram Panchayat-Akhlaspur, Block-Bhabhua,

                    District-Kaimur (Bhabhua); wherein it is indicated that during

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

                    Singh Pandit, 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
             Patna High Court CR. APP (DB) No.69 of 2014(13) dt.17-04-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       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)
supratim/-

U      T


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