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Patna High Court

JARIK BINDversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated and disposed of as no application for leave to continue has been filed by a near relative of the deceased appellant.

Summary

The appellant, Jarik Bind, filed a criminal appeal (DB) No.979 of 2007 before the Patna High Court. During the pendency of the appeal, the police and local authorities reported that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue the appeal. No relative of the deceased filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 BNSS?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNSS
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.979 of 2007
                 ======================================================
                 Jarik Bind, son of Late Harkhu Bind, Resident of Village- Kare, P.S. &
                 District- Sheikhpura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ram Prawesh Kumar, 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   17-04-2026                 Perused the Letter No.98 dated 09.02.2026 of the

                   Superintendent of Police, Sheikhpura along with the Report No.

                   164 dated 06.02.2026 of Assistant Sub-Inspector of Police,

                   Sheikhpura Police Station as well as the report of Mukhiya,

                   Gram Panchayat Raj Kare, Block & District- Sheikhpura,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Jarik Bind, is dead.

                               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

                   disposed of.
             Patna High Court CR. APP (DB) No.979 of 2007(4) dt.17-04-2026
                                                         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)
supratim/-

U      T


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