Patna High Court

LALDEO YADAVversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal is abated and disposed of under the applicable statutory provision.

Summary

The appellant Laldeo Yadav filed a criminal appeal, but during the pendency of the appeal he died. The court examined a police letter and report confirming his death. The issue was whether the appeal could continue in the absence of any application by a near relative for leave to proceed. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal abates if no relative files such an application. Consequently, the appeal was abated and disposed of.

Issues considered

Whether a criminal appeal stands abated upon the death of the appellant when 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
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.15 of 2000
                  ======================================================
                  Laldeo Yadav Son of Yodha Yadav, Resident of Village Belaroo Police Station
                  Upahara, District Aurangabad.
                                                                            ... ... Appellant/s
                                                   Versus
                  State of Bihar
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Ms. Sakshi Deep, Advocate
                                                 Mr. Manendra Kishore Singh, Advocate
                  For the Respondent/s   :       Mr.Dilip Kumar Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

3    27-02-2026                    Perused the Letter No.475 dated 12.02.2026 of the

                    Deputy Superintendent of Police, Aurangabad along with the report

                    of SHO, Uphara, police station, Aurangabad dated 11.02.2026,

                    wherein it is indicated that during enquiry it came to light that the

                    sole appellant Laldeo Yadav, has died.

                                 2. In view of the said letter 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.



                                                      (Sangam Kumar Sahoo, CJ)


                                                     (Nawneet Kumar Pandey, J)
ranjan/-

U

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