Patna High Court

MUNAR YADAVversusTHE STATE OF BIHAR

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.

Summary

Munar Yadav filed a criminal appeal (DB) No.150 of 2012 before the Patna High Court. During the pendency of the appeal, the appellant was reported dead. The court examined the police reports confirming his death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed after the death of the appellant unless a near relative applies for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

Issues considered

Whether the death of the appellant automatically abates a criminal appeal under Section 394 CrPC.
Whether leave of a near relative is required to continue the appeal after the appellant's death.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

criminal appeal
abatement
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.150 of 2012
                 Arising Out of PS. Case No.-14 Year-2003 Thana- CHOUTARWA District- West Champaran
                 ======================================================
                 MUNAR YADAV S/O Late Prasad Yadav Resident Of Village- Madanpur,
                 P.S.- Naurangia, Dist.- West Champaran

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Vijay Kr Singh No. 1, Advocate
                 For the Respondent/s   :        Mr. A.K.Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-03-2026                   Perused the Letter No. 105 dated 18.02.2026 of the

                   Superintendent of Police, West Champaran, Bagaha, along with

                   Memo No. 211 of 2026 dated 17.02.2026 of the S.H.O.,

                   Naurangia Police Station, wherein it is indicated that during the

                   enquiry it came to light that the sole appellant, namely, Munar

                   Yadav, is dead.

                               2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking

                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.
         Patna High Court CR. APP (DB) No.150 of 2012(3) dt.13-03-2026
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                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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