Bikau Nonia and Anr. v. the State of Bihar
Criminal Appeal (DB), Patna High Court – Abatement
Case brief
What is this about?
Patna High Court, Criminal Appeal (DB) No.506 of 2009, order dated 26-05-2026, per Sangam Kumar Sahoo, CJ (with Harish Kumar, J) — abatement of criminal appeal on death of both appellants; Section 394 CrPC / Section 435 BNSS 2023; setting aside of fine imposed by Trial Court on conviction (Section 302 IPC); fine discretionary and not mandatory; Santosh Kumar Baranwal v. State of UP (2010 SCC OnLine All 974); Gopala Balu Kamble v. State of Maharashtra (2011 SCC OnLine Bom 1290); State of Bihar not pursuing fine recovery; no leave application by near relative; trial court record to be returned.
What did the court decide?
Order of imposition of fine passed by the learned Trial Court set aside; appeal disposed of as having abated in its entirety; trial court record directed to be returned to the concerned court ¶18