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Patna High Court

A. K. Biswas @ Ashok Kumar BiswasversusThe State of Bihar thorugh C.B.I. Patna

Decided
Disposal
ABATED

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

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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