Patna High Court
Ajay SinghversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative filed an application for leave to continue under Section 394 CrPC.
Summary
The appellant Ajay Singh filed a criminal appeal (DB) No.743 of 2012 against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Gram Panchayat Mukhiya and a police report. The court examined a letter from the Senior Superintendent of Police and the SHO's report indicating the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), a criminal appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stands abated and disposed of. The trial court records were ordered to be sent back to the concerned court.
Issues considered
- What is the effect of the appellant's death on the pending criminal appeal?
- Does Section 394 CrPC (or Section 435 B.N.S. 2023) require a near relative to apply for leave to continue the appeal after the appellant's death?
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
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.743 of 2012
Arising Out of PS. Case No.-163 Year-2006 Thana- PAROO District- Muzaffarpur
======================================================
Ajay Singh S/O Umesh Singh R/O Village - Karamwari, P.S. Paroo, District -
Muzaffarpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raj Bansh Dubey, Advocate
For the Respondent/s : Mr. Ashwani Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 05-05-2026 Perused the Letter No. 277 dated 10.02.2026 of the
Senior Superintendent of Police, Muzaffarpur along with the
report of SHO, Paroo, Police Station dated 08.02.2026, wherein
it is indicated that during enquiry it came to light that the sole
appellant Ajay Singh, has died. Certificate of death issued by
Mukhiya of Gram Panchayat Raj, Baijalpur, Block-Paroo,
District-Muzaffarpur has also been enclosed with the said
report.
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.743 of 2012(3) dt.05-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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