Patna High Court
Saroj SahversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abated and was disposed of because the appellant died and no near relative sought leave to continue the appeal.
Summary
The appellant, Saroj Sah, filed a criminal appeal (DB) No. 881 of 2013 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023.
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.881 of 2013
Arising Out of PS. Case No.-10 Year-2009 Thana- MADHAURAH District- Saran
======================================================
Saroj Sah S/O Baliram Sah Resident Of Village Gaura, P.S. Marhowrrah,
District Saran.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar Singh, Advocate
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 24-04-2026 Perused the Letter No. 387 dated 17.02.2026 of the
Senior Superintendent of Police, Saran along with the Report
dated 16.02.2026 of the Police Inspector-cum-S.H.O,
Marhowrah Police Station, wherein it is indicated that during
enquiry it came to light that the sole appellant, namely, Saroj
Sah, 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.881 of 2013(3) dt.24-04-2026
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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