Patna High Court

RAS BIHARI PANDEYversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

A criminal appeal abates upon the death of the sole appellant unless a near relative applies for leave to continue it.

Summary

The appellant, Ras Bihari Pandey, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by letters from the Superintendent of Police and the S.H.O. The Court examined the effect of the appellant's death under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal must abate. Consequently, the criminal appeal was declared abated and disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

Does a criminal appeal abate upon the death of the sole appellant when no near relative seeks 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.132 of 2004
                 ======================================================
                 Ras Bihari Pandey, Son of Late Suba Pandey, Resident of Village-Nagpura,
                 Police Station-Simari, District-Buxar


                                                                               ... ... Appellant/s
                                                    Versus
                 State of Bihar


                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Sunil Kumar Mandal, Advocate
                 For the Respondent/s   :       Mr.Prasoon Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026               Perused the Letter No. 711 dated 02.05.2026 of the

                   Superintendent of Police, Buxar along with the report of S.H.O.,

                   Simir Police Station, Buxar dated 01.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Ras Bihari Pandey has died.

                             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

                   disposed of.
           Patna High Court CR. APP (DB) No.132 of 2004(3) dt.08-05-2026
                                                       2/2




                                 3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                         (Sangam Kumar Sahoo, CJ)



                                                               (Harish Kumar, J)
ranjan/-

U

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