Created by Fuzzy Cloud

Patna High Court

DINA NATH BIND and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of because the appellants are deceased and no relative has applied for leave to continue.

Summary

The appellants, Dina Nath Bind and Raj Grih Bind, filed a criminal appeal against the State of Bihar. While the appeal was pending, both appellants died, as confirmed by a police superintendent's letter, an investigating officer's report, and death certificates issued by the Department of Planning and Development, Government of Bihar. The Court examined whether the appeal could proceed in the absence of the appellants and without any near relative applying for leave to continue. 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 the appeal could not be pursued. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • The appeal can continue when the appellant has died and no near relative files an application for leave to continue.

Legislation cited

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.804 of 2006
                 ======================================================
                 1. Dina Nath Bind, Son of Shri Ganesh Bind, Resident of Village-Bilaspur,
                 Police Station-Chenari, District-Rohtas (Sasaram).
                 2. Raj Grih Bind, Son of Late Suneshar Bind, Resident of Village-Jogia,
                 Police Station-Chenari, District-Rohtas (Sasaram).

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ashok Kumar Pandey, 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)

3   10-04-2026                   Perused the Letter No. 406 dated 19.02.2026 of the

                   Superintendent of Police, Rohtas, along with the Report dated

                   13.02.2026 of the Police Inspector-cum-S.H.O, Chenari Police

                   Station, as well as the Death Certificates issued by the

                   Department of Planning and Development, Government of

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

                   that the appellants, namely, Dina Nath Bind and Raj Grih Bind,

                   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
         Patna High Court CR. APP (DB) No.804 of 2006(3) dt.10-04-2026
                                                     2/2




                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                                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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.