Patna High Court
BHUNESHWAR PRASAD SINGH @ BHUNESHWAR SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue the appeal.
Summary
The appellant, Bhuneshwar Prasad Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and a police report. No near relative filed an application for leave to continue the appeal after his death. 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 for abatement of proceedings when the appellant dies and no application is made. Consequently, the Court held that the appeal stands abated and ordered the appeal to be disposed of, directing the trial court records to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.
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?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.919 of 2006
======================================================
Bhuneshwar Prasad Singh @ Bhuneshwar Singh, Son of Late Dunilal Singh,
Resident of Village-Bhaidas, Police Station-Mufassil, District-Khagaria.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Atal Bihari, Advocate
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 473 dated 30.04.2026 of the
Superintendent of Police, Khgaria along with the report of
S.H.O., Gangaur Police Station dated 30.04.2026, wherein it is
indicated that during enquiry it came to light that the sole
appellant Bhuneshwar Prasad Singh @ Bhuneshwar Singh has
died. Certificate of death issued by Sarpanch of Gram
Kachahari, Bhadas Uttari, Block-Khagaria, has also been
enclosed with the said report.
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
Patna High Court CR. APP (DB) No.919 of 2006(4) dt.08-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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