Patna High Court

MD. ATAUR RAHMANversusSTATE OF BIHAR

Decided: 5 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as the appellant has died and no relative applied for leave to continue.

Summary

The appellant, Md. Ataur Rahman, died during the pendency of Criminal Appeal No.766 of 2010 before the Patna High Court. The court examined a police letter confirming the death and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of. The trial court records were ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal abates upon the death of the appellant when no relative files an application 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.766 of 2010
                 ======================================================
                 Md. Ataur Rahman S/O Late Haji Mumtaz R/O Mohalla-Alibax, P.S.-
                 Nathnagar, Distt.-Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Praveen Kumar, Advocate
                 For the Respondent/s    :       Mr. Abhimanyu Sharma, 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. 750 dated 29.04.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of Police Inspector cum SHO, Nathnagar, Police Station,

                   Bhagalpur dated 26.04.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Md. Ataur

                   Rahman, has died.

                                  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.766 of 2010(3) dt.05-05-2026
                                                       2/2




                                  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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