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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

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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