Patna High Court

HARIHER SINGH and ANRversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated and disposed of as no near relative filed an application for leave to continue it.

Summary

Harihar Singh and Badri Singh appealed a criminal conviction of the State of Bihar. While the appeal was pending, the police investigation revealed that both appellants had died. 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 files an application for leave to continue it. No such application was filed. Consequently, the High Court held that the appeal stood abated and was disposed of, and directed the trial court record to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue 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.74 of 1997
                 ======================================================
                 1. Harihar Singh, Son of Late Ram Keri Singh.
                 2. Badri Singh, Son of Late Mahes Singh.
                 Both resident of Village-Gamharia, P.S.-Belaon (Bhagwanpur), District-
                 Kaimur at Bhabua.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ravi Shankar Sahay, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   07-05-2026                   Perused the Letter No. 565 dated 30.04.2026 of the

                   Superintendent of Police, Kaimur (Bhabua) along with the

                   Report dated 25.04.2026 of the S.H.O, Belaon Police Station,

                   wherein it is indicated that during enquiry it came to light that

                   both the appellants, namely, Harihar Singh and Badri Singh, are

                   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

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
         Patna High Court CR. APP (DB) No.74 of 1997(4) dt.07-05-2026
                                                     2/2




                                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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