Ashutosh Chaudhary v. The State Of Bihar
Criminal Appeal (DB) – Abatement – Death of sole appellant
Case brief
What is this about?
Patna High Court CR. APP (DB) No.228 of 2014 (arising out of PS Case No. 228 of 2006, Udwantnagar PS, District Bhojpur): on the SP Bhojpur letter dated 15.02.2026 and SI report dated 07.02.2026 reporting the death of sole appellant Ashutosh Chaudhary, and no near relative seeking leave to continue, the Division Bench of Sangam Kumar Sahoo, CJ and Harish Kumar, J held on 06-05-2026 that under section 394 CrPC 1973 (corresponding to section 435 BNSS 2023) the appeal stands abated and disposed of, directing return of the trial court record. Keywords: abatement of criminal appeal, death of appellant, no near relative, leave to continue appeal, section 394 CrPC, section 435 BNSS.
What did the court decide?
No substantive relief; the appeal abated on the death of the sole appellant and stands disposed of, with a direction that the trial court record be sent back to the concerned court immediately, if not required in any other cases.