Ved Narain Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1210 of 2011 Arising Out of PS. Case No.-218 Year-2001 Thana- HILSA District- Nalanda ====================================================== Ved Narain Prasad, S/O Late Ram Keshwar Prasad, Resident Of VillagePakari Deeh, Police Station- Karai Parsurai, District- Nalanda. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Nand Kishore Prasad II, Advocate For the Respondent/s :
Mr. Ajay Mishra, A.P.P.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-05-2026 Perused the Letter No. 413 dated 14.02.2026 of the Superintendent of Police, Nalanda along with the Report dated 09.02.2026 of the Sub-Inspector of Police-cum-S.H.O, Karai Parsurai Police Station, Nalanda, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Ved Narain Prasad, is dead.
2. In view of the said letter as also Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026 2/3 since no near relative has filed any application for leave to continue the appeal and having regard to the settled position of law as enunciated by the Hon'ble Division Bench of the High Court of Judicature at Allahabad in Santosh Kumar Baranwal -Vrs.- State of UP, reported in 2010 SCC OnLine All 974, wherein it has been categorically held that upon conviction under Section 302 of the Indian Penal Code, 1860, the imposition of fine is discretionary in nature and does not partake the character of a mandatory requirement, and the legal position affirmed by the Hon'ble Division Bench of the High Court of Judicature at Bombay in Gopala Balu Kamble -Vrs.
Patna High Court CR. APP (DB) No.1210 of 2011(3) dt.26-05-2026 3/3 appeal is disposed of as having abated in its entirety.
3. Let the trial court records be sent back to the concerned court immediately, if not required in any other cases. (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) Neha/- U