China Mukhia and Anr. v. State of Bihar
Case brief
What is this about?
Abatement of criminal appeal on death of all appellants; no application by near relative for leave to continue appeal; Section 394 CrPC 1973; Section 435 BNSS 2023; Patna High Court; CRIMINAL APPEAL (DB) No.423 of 2005; China Mukhia; Buchkun Mukhia @ Bichkun Mukhia; State of Bihar; disposal of appeal; return of trial court record; order dated 17-04-2026; SP Saharsha Letter No. 188 dated 16.03.2026; SHO Bangaon report; Mukhiya Gram Panchayat Parari report.
What did the court decide?
In view of the reports that both appellants are dead, and since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated, by operation of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). ¶¶16