Patna High Court

HORIL PRASADversusSTATE OF BIHAR

Decided: 10 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal abated and was disposed of under Section 394 CrPC as no near relative applied for leave to continue.

Summary

The appellant, Horil Prasad, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant
Whether the filing of an application by a near relative is required to prevent abatement of 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.729 of 2002
                 ======================================================
                 Horil Prasad, Son of Late Hiraman Prasad, Resident of Village- Madhopur,
                 P.S.-Madhuban, District-East Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.-
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   10-04-2026                    Perused the Letter No. 349 dated 16.02.2026 of the

                   Superintendent of Police, East Champaran, Motihari, along with

                   the Report dated 12.02.2026 of the S.H.O., Madhuban Police

                   Station, East Champaran, Motihari as well as the Death

                   Certificate, which was issued by the Directorate of Statistics and

                   Evaluation, Government of Bihar, wherein it is indicated that

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

                   Horil Prasad, 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.729 of 2002(3) dt.10-04-2026
                                                     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)
Neha/-

U

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