Sikandar Singh v. The State Of Bihar
Abatement of criminal appeal – death of sole appellant during pendency – no near relative applied for leave to continue the appeal
Case brief
What is this about?
Patna High Court, Criminal Appeal (DB) No.365 of 2014 (decided 19-03-2026), arising out of PS Case No.286 of 1994, Kahalgaon, District Bhagalpur; appellant Sikandar Singh v. State of Bihar. Sole appellant died during pendency (reported by SSP Bhagalpur Letter No.283 dated 09.02.2026 and SHO Rasalpur Report dated 06.02.2026); no near relative filed application for leave to continue the appeal; Court invoked Section 394 CrPC 1973, corresponding to Section 435 BNSS 2023, and abated and disposed of the appeal, directing return of the trial court record. Search terms: abatement of appeal, death of sole appellant, leave to continue appeal, near relative, Section 394 Code of Criminal Procedure 1973, Section 435 Bharatiya Nagarik Suraksha Sanhita 2023, return of trial court record.
What did the court decide?
Criminal Appeal abated and disposed of on the death of the sole appellant, no near relative having sought leave to continue; trial court record directed to be returned to the concerned court immediately if not required in any other cases.