Patna High Court

SURESH JHAversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of due to the appellant's death and lack of application by a near relative.

Summary

The appellant, Suresh Jha, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the High Court ordered the appeal to stand abated and be disposed of, and directed the trial court record to be sent back to the lower court.

Issues considered

What is the effect on a pending criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?

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
Section 435 BHNS
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.982 of 2009
                 ======================================================
                 Suresh Jha, Son of Babu Nandan Jha, Resident of village- Binodpur, Police
                 Station- Mufassil, District- Begusarai.

                                                                              ... ... Appellant
                                                      Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :         Mr.Zeyaul Hoda, Advocate
                 For the Respondent/s   :         Mr.A.Kr.Sinha, 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    report      dated   02.05.2026   of    the

                   Superintendent of Police, Begusarai along with the report dated

                   01.05.2026 of the Police Inspector-cum-S.H.O., Mufassil Police

                   Station, Begusarai, which indicate that the sole appellant Suresh

                   Jha is dead and the death certificate of the appellant is annexed

                   with the said report.

                               2. In view of the said report 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.982 of 2009(4) dt.08-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U

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