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Patna High Court

Rajkumar Singh @ Nehru SinghversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.

Summary

The appellant, Rajkumar Singh, filed a criminal appeal (DB) No.855 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a police letter and a death certificate. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which stipulate that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • Can a criminal appeal continue when the appellant has died and no near relative files an application for leave to continue the appeal?

Legislation cited

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.855 of 2013
                      Arising Out of PS. Case No.-58 Year-2000 Thana- DHANARUA District- Patna
                 ======================================================
                 Rajkumar Singh @ Nehru Singh Son Of Gandhi Prasad Singh Resident Of
                 Keura, P.S. - Dhanarua, District - Patna.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Abhinay Raj, Advocate
                 For the Respondent/s   :        Mrs. S.B.Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   01-05-2026                    Perused the Letter No. 478 dated 14.02.2026 of the

                   Senior Superintendent of Police, Patna, along with the Report

                   dated 09.02.2026 of the Sub-Inspector of Police-cum-S.H.O.,

                   Dhanarua Police Station, Patna 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,

                   Rajkumar Singh @ Nehru 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
         Patna High Court CR. APP (DB) No.855 of 2013(6) dt.01-05-2026
                                                     2/2




                   continue the appeal, the Criminal Appeal stands abated and

                   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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