Patna High Court
MANOJ KUMAR @ MANOJ SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed because the appellant died and no near relative applied for leave to continue.
Summary
The Patna High Court heard Criminal Appeal (DB) No. 993 of 2006 filed by Manoj Kumar (appellant) against the State of Bihar. During the hearing, the court was informed through police reports and a death certificate that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of appeals upon the death of a party. No near relative filed an application for leave to continue the appeal. Accordingly, the court held that the appeal stood abated and ordered it disposed, directing that the trial court records be sent back.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to proceed
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- section 394 CrPC
- section 435 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.993 of 2006
======================================================
Manoj Kumar @ Manoj Singh, Son of Chandra Shekhar Singh, Resident of
Village-Kemra, Police Station-Sheikhpura.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Arun Kumar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the Letter No. 338 dated 01.05.2026 of the
Superintendent of Police, Sheikhpura along with the report of
Police Inspector cum S.H.O., Ariyari Police Station dated
29.04.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Manoj Kumar @ Manoj Singh
has died. Certificate of death issued by Ward Member of Ward
No. 9, Gram Panchayat Raj, Ekrama, Sheikhpura has also been
enclosed with the said report.
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
Patna High Court CR. APP (DB) No.993 of 2006(3) dt.08-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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