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
- 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.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
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