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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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