Patna High Court
Bikau RamversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue under Section 394 CrPC.
Summary
The appellant, Bikau Ram, was found to be deceased during the pendency of his criminal appeal (CR. APP (DB) No.853 of 2012). The court examined a letter from the Superintendent of Police and a police report confirming his death. 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 court held that the appeal stands abated and ordered its disposal, 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 under Section 394 CrPC
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.853 of 2012
Arising Out of PS. Case No.-72 Year-1999 Thana- LAUKARIA District- West Champaran
======================================================
Bikau Ram Son Of Shivnandan Ram Resident Of Village - Jay Nagar
Farsahani Police Station - Laukariya, District - West Champaran Bettiah
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Lokesh Kumar Singh, Advocate
For the Respondent/s : Mr. S.B.Verma, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 01-05-2026 Perused the Letter No. 148 dated 28.02.2026 of the
Superintendent of Police, Bagaha along with the Report dated
21.02.2026 of the S.H.O, Laukariya Police Station, West
Champaran, wherein it is indicated that during enquiry it came
to light that the sole appellant, namely, Bikau Ram, 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.853 of 2012(5) dt.01-05-2026
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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