Patna High Court
MURAHU PASWAN and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue under Section 394 CrPC.
Summary
The appellants, Murahu Paswan and Lather Paswan, filed a criminal appeal (DB) No.864 of 2006 against the State of Bihar. While the appeal was pending, the Superintendent of Police reported that both appellants had died. No near relative filed an application for leave to continue the appeal. Pursuant to Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application the appeal must be abated. Consequently, the criminal appeal was disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- The appeal can continue despite the death of the appellants if a near relative applies for leave to continue.
- The applicability of Section 394 CrPC (now Section 435 B.N.S. 2023) to abate a pending criminal appeal when the appellant is deceased.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.864 of 2006
======================================================
1. Murahu Paswan, Son of Late Gaya Paswan.
2. Lather Paswan, Son of Late Lagan Paswan.
Both resident of Village-Majhui, P.O.-Sirsee, P.S.-Chainpur, District-Kaimur
at Bhabua.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Shankar Sahay, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 586 dated 30.04.2026 of the
Superintendent of Police, Kaimur (Bhabua) along with the
Report dated 28.04.2026 of the A.S.I., Chainpur Police Station,
Kaimur (Bhabua), wherein it is indicated that during enquiry it
came to light that the both appellants, namely, Murahu Paswan
and Lather Paswan, are 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.864 of 2006(4) dt.07-05-2026
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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