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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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