Patna High Court
Baij Nath Sah @ Baijnath Prasad GuptaversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Baij Nath Sah, died during the pendency of his criminal appeal. The police submitted a death certificate confirming his demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the Patna High Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the sole appellant without an application by a near relative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.837 of 2015
Arising Out of PS. Case No.-70 Year-2008 Thana- BUXAR District- Buxar
======================================================
Baij Nath Sah @ Baijnath Prasad Gupta S/o Late Kanhaiya Pd. Gupta,
Resident of Village- Naya Bhojpur, P.S.- Dumraon, District- Buxar.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Digvijay Kumar Ojha, Advocate
For the Respondent/s : Mr.A.K.Sinham, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 15-05-2026 Perused the Letter No. 217 dated 09.02.2026 of the
Superintendent of Police, Buxar along with the report dated
08.02.2026 of the S.H.O., Naya Bhojpur P.S., wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Baij Nath Sah @ Baijnath Prasad Gupta, is
dead and the death certificate of the appellant is annexed with
the said report.
2. In view of the said reports 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.837 of 2015(4) dt.15-05-2026
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)
guddukr/-
U t
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