Patna High Court
BIDYA KUMAR RAM @ BIJAY KUMAR RAM and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the death of the appellants and the absence of a leave application by a near relative.
Summary
The appellants, Bidya Kumar Ram and Arbind Ram, were found to be deceased as per a police report dated 08-02-2026. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which requires a near relative to apply for leave to continue an appeal when the appellant is dead. No such application was filed by any near relative. Consequently, the Court held that the criminal appeal could not proceed. The appeal was therefore abated and disposed of by the High Court.
Issues considered
- Can a criminal appeal be continued when the appellant(s) are deceased and no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- leave to continue appeal
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.702 of 2004
======================================================
1. Bidya Kumar Ram @ Bijay Kumar Ram, S/o- Yamuna Ram.
2. Arbind Ram, S/o. Bijay Ram
Both Resident of Village- Barka Dakaich, Police Station- Krishna Brahim,
District- Buxar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shivendra Kumar Sinna
For the Respondent/s : Mr.Pp.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 13-02-2026 Perused the report of the Superintendent of Police,
Buxar, dated 08.02.2026 wherein it is mentioned that both the
appellants, namely, Bidya Kumar Ram @ Bijay Kumar Ram
and Arbind Ram are dead.
2. In view of the said report 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.702 of 2004(8) dt.13-02-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
(Sangam Kumar Sahoo, CJ)
( Alok Kumar Sinha, J)
guddukr/-
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