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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

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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