Patna High Court
SURENDRA SINGH @ BILAYATI SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Surendra Singh, died as evidenced by a death certificate and police letters. The appeal, filed by the appellant against the State of Bihar, was pending when his death was discovered. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative applies for leave to continue it. No such application was filed. Consequently, the High Court held that the criminal 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 appellant in the absence of an application by a near relative for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- procedural law
- section 394 CrPC
- section 435 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.89 of 2008
======================================================
Surendra Singh @ Bilayati Singh, S/o-Late baramdeo Singh, R/o Village-
Balgudar, Dist.- Lakhisarai
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parmanand Pd.Nr.Sahi, Adv.
For the Respondent/s : Mr. D.Kr.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-05-2026 Perused the Letter No. 535 dated 30.04.2026 of the
Superintendent of Police, Lakhisarai along with the memo no.
2177 of 2026 dated 28.04.2026 of Police Inspector-cum-S.H.O.,
Lakhisarai P.S. as well as the Death Certificate dated
14.02.2012, 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,
Surendra Singh @ Bilayati Singh, is dead.
2. In view of the said letters 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
Patna High Court CR. APP (DB) No.89 of 2008(3) dt.11-05-2026
2/2
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)
supratim/-
U T
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