Disposed¶18

Ved Narain Prasad v. the State of Bihar

Patna HC26 May 2026CR. APP (DB)/1210/2011

Case brief

AI extract

What is this about?

Abatement of criminal appeal on death of sole appellant; no near relative application for leave to continue; Section 394 CrPC 1973; Section 435 BNSS 2023; fine upon conviction under Section 302 IPC discretionary, not mandatory; setting aside of trial court fine order; State not pursuing fine recovery; Ved Narain Prasad v. The State of Bihar; Patna High Court; CR. APP (DB) No.1210 of 2011; decided 26-05-2026; Santosh Kumar Baranwal 2010 SCC OnLine All 974; Gopala Balu Kamble 2011 SCC OnLine Bom 1290; PS Case No. 218/2001, Hilsa, Nalanda.

What did the court decide?

Appeal disposed of as having abated in its entirety; order of imposition of fine passed by the learned Trial Court set aside; trial court records directed to be sent back to the concerned court immediately, if not required in any other cases. ¶18

Ved Narain Prasad Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, upon the death of the sole appellant during the pendency of the appeal and in the absence of any application by a near relative for leave to continue, the appeal abates. +1 more

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Court's answer

Since no near relative has filed any application for leave to continue the appeal after the sole appellant's death, and in view of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the appeal insofar as it pertains to the sentence of imprisonment stands abated consequent upon the demise of the appellant.

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Ratio / Principle

The order of imposition of fine passed by the learned Trial Court is set aside, the State not intending to pursue recovery of the fine amount and the Court having regard to the settled legal position enunciated in the cited Allahabad and Bombay Division Bench decisions that imposition of fine upon conviction under Section 302 IPC is discretionary and not mandatory.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (DB) No. 1210 of 2011, decided 26-05-2026 (Coram: the Chief Justice and Harish Kumar, J.; per Sangam Kumar Sahoo, CJ): The sole appellant, Ved Narain Prasad, died during the pendency of the appeal against his conviction of the year 2011 (arising out of PS Case No. 218 of 2001, P.S. Hilsa, District Nalanda). On Letter No. 413 dated 14.02.2026 of the Superintendent of Police, Nalanda reporting the death, and in view of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and since no near relative applied for leave to continue the appeal, the appeal qua sentence of imprisonment stood abated. Having regard to the settled position enunciated in Santosh Kumar Baranwal -Vrs.- State of UP, 2010 SCC OnLine All 974 (imposition of fine upon conviction under Section 302 IPC is discretionary, not mandatory), and the consonant position in Gopala Balu Kamble -Vrs.- State of Maharashtra, 2011 SCC OnLine Bom 1290, and as the State did not intend to pursue recovery of the fine, the Court set aside the trial court's order imposing fine and disposed of the appeal as abated in its entirety, directing return of the trial court records.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1210 of 2011

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Arising Out of PS. Case No.-218 Year-2001 Thana- HILSA District- Nalanda

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======================================================

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Ved Narain Prasad, S/O Late Ram Keshwar Prasad, Resident Of VillagePakari Deeh, Police Station- Karai Parsurai, District- Nalanda.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Nand Kishore Prasad II, Advocate For the Respondent/s : Mr. Ajay Mishra, A.P.P.

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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3 26-05-2026

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Perused the Letter No. 413 dated 14.02.2026 of the Superintendent of Police, Nalanda along with the Report dated 09.02.2026 of the Sub-Inspector of Police-cum-S.H.O, Karai Parsurai Police Station, Nalanda, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Ved Narain Prasad, is dead.

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In view of the said letter as also Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

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Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026 2/3

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since no near relative has filed any application for leave to continue the appeal and having regard to the settled position of law as enunciated by the Hon'ble Division Bench of the High Court of Judicature at Allahabad in Santosh Kumar Baranwal -Vrs.- State of UP, reported in 2010 SCC OnLine All 974 , wherein it has been categorically held that upon conviction under Section 302 of the Indian Penal Code, 1860, the imposition of fine is discretionary in nature and does not partake the character of a mandatory requirement, and the legal position affirmed by the Hon'ble Division Bench of the High Court of Judicature at Bombay in Gopala Balu Kamble -Vrs.- State of Maharashtra, reported in 2011 SCC OnLine Bom 1290 being in consonance therewith, and whereas the appellant has since expired during the pendency of the present appeal and the conviction sought to be assailed pertains to the year 2011, and the State does not intend to pursue the recovery of the fine amount as imposed by the learned Trial Court, this Court , upon due consideration of the aforesaid facts, circumstances and settled legal position, hereby sets aside the order of imposition of fine passed by the learned Trial Court, and since the appeal insofar as it pertains to the sentence of imprisonment stands abated consequent upon the demise of the appellant, the present

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Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026 3/3

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appeal is disposed of as having abated in its entirety.

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