Patna High Court

IDRIS MIANversusSTATE OF BIHAR

Decided: 10 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated and disposed of because the appellant is dead and no near relative sought leave to continue it.

Summary

The appellant, Idris Mian, filed a criminal appeal (DB) No.83 of 1999 before the Patna High Court. During the pendency of the appeal, the court learned from a police letter that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue it. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the lower court.

Issues considered

What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC?

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.83 of 1999
                 ======================================================
                 Idris Mian, Son of Late Jangi Khan, Resident of Village-Daulatpur, P.S.-Arrah
                 Mufassil in the District of Bhojpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Md.Mushtaque Alam, Advocate
                 For the Respondent/s   :      Mr. Rajiva Ranjan, 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. 332 dated 17.02.2026 of the

                   Superintendent of Police, Bhojpur, Arrah, along with the Report

                   dated 08.02.2026 of the Police Inspector-cum-S.H.O., Muffasil

                   Police Station, Arrah, wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Idris Mian, 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

                   disposed of.
         Patna High Court CR. APP (DB) No.83 of 1999(3) dt.10-04-2026
                                                     2/2




                                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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