Patna High Court
A. K. Biswas @ Ashok Kumar BiswasversusThe State of Bihar thorugh C.B.I. Patna
- Decided
- Disposal
- ABATED
- Bench
- SHAILENDRA SINGH
Holding
The appeal is abated under Section 394 of the Cr.P.C., and the abatement does not affect the State’s right to recover the fine.
Summary
A.K. Biswas, the appellant in a criminal appeal, died on 28 July 2025. His counsel sought abatement of the appeal under Section 394 of the Criminal Procedure Code, noting that no relative was willing to continue the proceedings. The CBI, representing the State, argued that even if the appeal is abated, the State retains the right to recover any fine from the appellant's estate. The court examined the provisions of Section 394, which require a 30‑day period for a relative to apply to continue the appeal after the appellant's death. Since more than 30 days had elapsed without any such application, the court held that the appeal stands abated. The order expressly clarified that the abatement does not prejudice the State’s right to recover the fine.
Issues considered
- Does the death of an appellant automatically abate a criminal appeal under Section 394 of the Cr.P.C. when no relative applies within 30 days?
- Does the abatement of the appeal affect the State’s right to recover a fine from the deceased appellant’s estate?
Legislation cited
- Criminal Procedure Code — s. 394
Subjects
- Section 394
- Criminal Procedure Code
- appeal abatement
- death of appellant
- recovery of fine
- estate
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5044 of 2024
Arising Out of PS. Case No.-26 Year-1991 Thana- C.B.I CASE District- Patna
======================================================
A. K. Biswas @ Ashok Kumar Biswas, Son of Late Binay Krishna Biswas @
Late Bijay Krishna Biswas Resident of R. K. Bhattacharya Road, Patna at
present residing at SE- 03, Block B, Ashutosh Apartment, Police Station
-Lalpur, District- Ranchi (Jharkhand)
... ... Appellant/s
Versus
The State of Bihar thorugh C.B.I. Patna Bihar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Mukherjee, adv.
For the CBI : Mr. Sanjay Kumar, SC. CBI
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
10 22-06-2026 Mr. Ajay Mukherjee, learned counsel, submits that he
was appearing on behalf of the appellant and now the appellant
is no more and in this regard, a report was called for by this
court vide order dated 28.07.2025 and the required report has
been received and may be perused, which confirms the death of
the appellant. Learned counsel further submits that the appellant
died on 28.07.2025 and the legal heirs/near relatives of deceased
appellant are not willing to continue this appeal and the same
may be declared abated under the provisions of Section 394 of
the Cr.P.C.
2. On the other hand, Mr. Sanjay Kumar, learned
counsel appearing for the C.B.I. submits that though the
appellant is now no more but even the State of Bihar has a right
Patna High Court CR. APP (SJ) No.5044 of 2024(10) dt.22-06-2026
2/2
to recover the fine amount from the deceased/appellant's
property or estate and thereafter order of any abatement of this
appeal, if permissible in law should not affect the State's right to
recover the said fine amount.
3. Considering the aforesaid submissions and in the
light of the provisions of Section 394 of the Cr.P.C. this appeal
stands abated as after the death of the appellant, a period of
more than 30 days has passed and no application by any near
relative of the deceased/appellant to continue this appeal has
been filed despite the factum of the pendency of this appeal
being in his/her knowledge as per the learned counsel, who had
appeared on behalf of the deceased/appellant and is also present
today and according to him the near relatives of the deceased/
appellant are not willing to pursue and continue this appeal.
4. It is clarified that this order of abatement will not
affect State's right, if any, to recover the fine amount in
accordance with law.
(Shailendra Singh, J)
Rajiv/-
U T
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