Patna High Court
BHIRGU NATH YADAV @ BHIRGU YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates upon the appellant's death when no near relative applies for leave to continue, and the appeal is disposed of.
Summary
The appellant, Bhirgu Nath Yadav, filed a criminal appeal (DB) No.1099 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate from AIIMS, New Delhi. No near relative filed an application for leave to continue the appeal after his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no application is made to continue it. Consequently, the Court held that the appeal stands abated and ordered the trial court record to be sent back. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1099 of 2009
======================================================
Bhirgu Nath Yadav @ Bhirgu Yadav, S/o Sri Rama Shankar Yadav, R/o Vill.-
Bhushi, P.S.- Dharaunda, Distt.- Siwan
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amir Alam, Adv.
For the Respondent/s : Mr. D.K.Simha, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 577 dated 12.05.2026 of the
Superintendent of Police, Siwan, along with the report dated
11.05.2026 of Police Inspector-cum-S.H.O., Daraunda P.S.,
Siwan, as well as the certificate of death issued by Senior
Resident, Department of Emergency Medicine, AIIMS, New
Delhi, wherein it is indicated that the sole appellant, namely,
Bhirgu Nath Yadav @ Bhirgu Yadav, 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.1099 of 2009(6) 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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