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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.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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