Patna High Court

RAM BILAS DUSADH @ BILAS DUSADHversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal abated and was disposed of because the appellant was dead and no relative applied for leave to continue.

Summary

Ram Bilas Dusadh filed a criminal appeal against the State of Bihar. During a police enquiry the court learned that the sole appellant had died, and a photocopy of his death certificate was attached to the report. 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), an appeal cannot proceed when the appellant is deceased unless a relative seeks permission. Consequently, the High Court held that the appeal stood abated and ordered it disposed.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to proceed

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.887 of 2004
                 ======================================================
                 Ram Bilas Dusadh @ Bilas Dusadh , Son Of Fakira Dusadh, R/O Village-
                 Jhikatia, P.S. Nabinagar, District- Aurangabad

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nirmal Kumar Sinha-3, Advocate
                 For the Respondent/s   :     Mr. App.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   27-02-2026                   Perused the Letter No. 440 dated 11.02.2026 of the

                   Deputy Superintendent of Police, Aurangabad along with the

                   Memo No. 508 of 2026 dated 09.02.2026 of the Police Sub-

                   Inspector, Navinagar, Aurangabad, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Ram Bilas Dusadh @ Bilas Dusadh, is dead and the photocopy

                   of the death certificate of the appellant has been annexed with

                   the said report.

                               2. In view of the said report 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.887 of 2004(9) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                     (Sangam Kumar Sahoo, CJ)


                                                     (Nawneet Kumar Pandey, J)
guddukr/-

U      T

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