Patna High Court
Shashi Ram and Anr.versusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative applied for leave to continue the appeal after the death of the appellants.
Summary
The appellants, Shashi Ram and Ganesh Ram, filed a criminal appeal (DB) No.967 of 2015 before the Patna High Court. During the pendency of the appeal, both appellants died, as reported by the Superintendent of Police. 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 that an appeal abates if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (Sec 435 B.N.S.).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.967 of 2015
Arising Out of PS. Case No.-38 Year-2002 Thana- SHAMBHUGANJ District- Banka
======================================================
1. Shashi Ram Son of Late Hari Ram
2. Ganesh Ram Son of Late Hari Ram
Both Residents of At + Village- Khajuri, P.S.- Shambhuganj, District- Banka
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anupam Sinha, Advocate
For the Respondent/s : Mr. D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 19-03-2026 Perused the Letter No.165 dated 10.02.2026 of the
Superintendent of Police, Banka along with the Report dated
09.02.2026 of Sub-Inspector of Police, Shambhuganj Police
Station, wherein it is indicated that during enquiry it came to
light that both the appellants, namely, Shashi Ram and Ganesh
Ram, are died.
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.967 of 2015(4) dt.19-03-2026
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)
uday/-
U T
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