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Patna High Court

Biral Ansari and Anr.versusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellants died and no near relative applied for leave to continue the appeal.

Summary

The appellants, Biral Ansari and Aftad Ansari, filed a criminal appeal (No.772 of 2015) against the State of Bihar. During the pendency of the appeal, a police letter dated 18‑02‑2026 revealed that both appellants had died. 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 for abatement of proceedings when a party dies and no near relative seeks continuation. Since no relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed, and the trial court records were ordered to be sent back to the trial court.

Issues considered

  • Whether a criminal appeal stands abated when the appellant(s) die during the pendency of the appeal.
  • Whether the provisions of Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) require a near relative to apply for continuation of the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.772 of 2015
                 Arising Out of PS. Case No.-269 Year-2011 Thana- RAMNAGAR District- West Champaran
                 ======================================================
           1.     Biral Ansari and Anr. son of Late Ajibullah Ansari @ Ajijullah Ansari
           2.    Aftab Ansari son of Birbal Ansari Both residents of Village - Mathiya, P.S. -
                 Ramnagar, District West Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Anand Kishore Choudhary
                 For the Respondent/s   :        Mr.Ajay Mishraapp
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                      Perused Letter No. 106 dated 18.02.2026 of the

                   Superintendent of Police, Bagha, West Champaran along with

                   the report of Inspector of Police-cum-S.H.O., Ramnagar, Bagha,

                   West Champaran, dated 17.02.2026, wherein it is indicated that

                   during the enquiry it came to light that both appellants, namely

                   Biral Ansari and Aftab Ansari, are dead.

                               2. In view of the said letter and having regard to

                   Section 394 of the Code of Criminal Procedure, 1973, which

                   corresponds to Section 435 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023, and inasmuch as no near relative has filed any

                   application seeking leave to continue the appeal, the present
            Patna High Court CR. APP (DB) No.772 of 2015(4) dt.13-03-2026
                                                        2/2




                      Criminal Appeal stands abated and is accordingly disposed of.

                                   3. Let the Trial Court Records be sent back to the

                      concerned Trial Court.



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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