Patna High Court
Chandraket BhagatversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue.
Summary
The appellant, Chandraket Bhagat, filed a criminal appeal (DB) No.805 of 2014 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined whether the appeal could proceed in the absence of the appellant and without any application from a near relative. 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 an appeal abates if the appellant dies and no relative seeks leave to continue. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.805 of 2014
Arising Out of PS. Case No.-202 Year-2012 Thana- DARAUNDA District- Siwan
======================================================
Chandraket Bhagat Son of Late Luxmi Bhagat Resident of Village Pakari, P.S.
M.H. Nagar, District Siwan.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Pandey, Advocate
For the Respondent/s : Mrs. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 520 dated 07.05.2026 of the
Superintendent of Police, Siwan, along with the Report dated
03.05.2026 of the Sub-Inspector of Police, M.H. Nagar Police
Station, Siwan as well as the Death Certificate, which was
issued by the Department of Planning and Development,
Government of Bihar; wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Chandraket
Bhagat, is 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.805 of 2014(3) dt.12-05-2026
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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