Patna High Court
MAHENDRA YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as no near relative filed an application for leave to continue it.
Summary
Mahendra Yadav appealed against a conviction of the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. The court examined the reports confirming the death and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The law stipulates that if a deceased appellant has no near relative who files an application for leave to continue the appeal, the appeal cannot proceed. Consequently, the High Court held that the criminal appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court for any further necessary action.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 BNSS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1176 of 2010
======================================================
Mahendra Yadav, Son of Late Chandra Deo Yadav, Resident of Village-
Barhna, Tole Rangu Bigha, Police Station- Dhibra, District- Aurangabad
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Dr. Leelawai Kumari, Advocate
For the Respondent : Mr.D.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 08-05-2026 Perused the report dated 01.05.2026 of the Deputy
Superintendent of Police, Aurangabad along with the report
dated 29.04.2026 of the Station House Officer, Dhibra Police
Station, Aurangabad, which indicate that the sole appellant
Mahendra Yadav is dead and the death certificate of the
appellant is annexed with the said report.
2. In view of the said report 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
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.1176 of 2010(3) dt.08-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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