Created by Fuzzy Cloud

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

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/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.