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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

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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