Nagendra Prasad v. State of Bihar
Case brief
What is this about?
Abatement of criminal appeal on death of sole appellant; no near relative applied for leave to continue appeal; section 394 CrPC 1973 corresponding to section 435 BNSS 2023; appellant Nagendra Prasad (State of Bihar v. Nagendra Prasad); Patna High Court CR. APP (DB) No.200 of 2009(3) dt.14-05-2026; appeal abated and disposed of; trial court record returned; advocates Mira Kumari (appellant) and D.K. Sinha, APP (State); bench: Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar.
What did the court decide?
In view of the letters and death certificate reporting that the sole appellant Nagendra Prasad is dead, and since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated and disposed of under section 394 of the Code of Criminal Procedure, 1973, which corresponds to section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023.