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Patna High Court

LAL BIHARI RAI and ANRversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC as no near relative applied for leave to continue.

Summary

The appellants, Lal Bihari Rai and Randhir Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, both appellants were reported dead, as evidenced by police reports and a death certificate. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no relative seeks leave to continue. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant(s) have died
  • Whether Section 394 of the CrPC (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandates abatement of the appeal in the absence of an application by a near relative

Legislation cited

Subjects

  • criminal appeal
  • abated proceedings
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.1389 of 2008
                 ======================================================
                 1. Lal Bihari Rai, S/o Ram Chhapit Rai, R/o Village-Maudahi, P.S.-Bihta,
                 Dist.- Patna
                 2. Randhir Yadav @ Dhira Yadav, S/o Late Roopchand Yadav, R/o Village-
                 Maudahi, P.S.-Bihta, Dist.- Patna

                                                                          ... ... Appellant/s
                                                  Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ram Sumiran Rai, Adv.
                 For the Respondent/s   :     Mr. A. Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No. 2136 dated 11.05.2026 of the

                   Senior Superintendent of Police, Patna, along with the report

                   dated 05.05.2026 of Police Inspector-cum-S.H.O., Bihta P.S.,

                   Patna, as well as the certificate of death issued on 04.05.2026,

                   issued by Mukhiya, Gram Panchayat Parew, Block-Bihta,

                   District Patna wherein it is indicated that during enquiry it came

                   to light that both the appellants, namely, Lal Bihari Rai and

                   Randhir Yadav @ Dhira Yadav, are 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
             Patna High Court CR. APP (DB) No.1389 of 2008(3) dt.14-05-2026
                                                         2/2




                       continue the appeal, the Criminal Appeal stands abated and

                       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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