Patna High Court

BACHAN SINGHversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of application from a near relative.

Summary

The appellant, Bachan Singh, filed a criminal appeal which was pending when he died, as confirmed by police reports and a death certificate. The court examined the relevant provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative applied for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of. The trial court record was ordered to be sent back to the lower court.

Issues considered

Can a criminal appeal continue after the death of the appellant without an application from a near relative?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.808 of 2006
                 ======================================================
                 Bachan Singh, Son of Tengari Singh, resident of Village-Bheria, P.S.-
                 Durgawati, District-Kaimur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Manish Kumar -3, 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)

4   07-05-2026                   Perused the Letter No. 577 dated 30.04.2026 of the

                   Superintendent of Police, Kaimur (Bhabua), along with the

                   Report dated 28.04.2026 of the Police Inspector-cum-S.H.O.,

                   Durgawati Police Station, Kaimur (Bhabua) 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, Bachan Singh, 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

                   continue the appeal, the Criminal Appeal stands abated and
         Patna High Court CR. APP (DB) No.808 of 2006(4) dt.07-05-2026
                                                     2/2




                   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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