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Patna High Court

BAIJNATH SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of as no near relative filed an application for leave to continue.

Summary

The appellant, Baijnath Singh, was found to be deceased during the pendency of his criminal appeal. The court examined letters and reports confirming his death. 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 files an application for leave to continue the appeal. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • The appeal can continue despite the appellant's death if a near relative applies for leave to continue.
  • Whether the appeal must be abated when the appellant is dead and no relative applies.

Legislation cited

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.926 of 2006
                 ======================================================
                 Baijnath Singh, son of Late Bansraj Singh, Resident of Village- Dumakawa,
                 Police Station- Simultalla, District- Jamui

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nagendra Dubey, 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   11-05-2026                  Perused the Letter No.502 dated 04.05.2026 of the

                   Superintendent of Police, Jamui along with the Report dated

                   02.05.2026 of SHO, Simultalla Police Station, Jamui as well as

                   the Report dated 01.03.2026 of the Mukhiya, Gram Panchayat

                   Raj, Telwa, Jhajha, Jamui, wherein it is indicated that during

                   enquiry it came to light that the appellant, namely, Baijnath

                   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

                   disposed of.
             Patna High Court CR. APP (DB) No.926 of 2006(4) dt.11-05-2026
                                                         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)
uday/-

U        T


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