Patna High Court
VINAY RAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (now Sec 435 B.N.S.).
Summary
The appellant, Vinay Ram, filed a criminal appeal (DB) No.101 of 2008. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and the case was disposed of, with directions to return the trial court record to the concerned court.
Issues considered
- Whether a criminal appeal stands abated on the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec 435 B.N.S.)?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- Criminal appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Section 435 B.N.S.
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.101 of 2008
======================================================
Vinay Ram @ Vinay ram, S/o Jagarnath Ram, R/o Mohalla-Rasulpur Salem,
P.S.-Ahiyarpur, Dist.- Muzaffarpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brij Kishor Mishra, Adv.
For the Respondent/s : Mr. Dilip Kr. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 14-05-2026 Perused the Letter No. 661 dated 30.04.2026 of the
Senior Superintendent of Police, Muzaffarpur, along with the
report dated 30.04.2026 of Sub Inspector of Police, Ahiyarpur
P.S., Muzaffarpur, as well as the Death Certificate issued on
17.02.2025, issued by Department of Planning and
Development, Government of Bihar, wherein it is indicated that
during enquiry it came to light that the sole appellant, namely,
Vinay Ram @ Vinay ram, is dead.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
Patna High Court CR. APP (DB) No.101 of 2008(5) dt.14-05-2026
2/2
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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