Patna High Court
BHIM YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of if the appellant dies and no near relative applies for leave to continue, as per Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Bhim Yadav, filed a criminal appeal (DB) No.1506 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate issued by the Gram Panchayat Mukhiya. The court examined the letters from the Superintendent of Police and the S.H.O. confirming the death. The issue before the court was whether the appeal could continue in the absence of a near relative filing an application for leave to continue. 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 stands abated if no relative applies. Consequently, the appeal was abated and the case was disposed, with the trial court records to be sent back to the lower court.
Issues considered
- The appeal may continue after the death of the appellant without a near relative filing an application for leave to continue.
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.1506 of 2007
======================================================
Bhim Yadav, Son of Sunder Yadav, Resident of Village-Tema, Police Station-
Gawalpada, District-Madhepura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anjan Chakraborty, Advocate
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 12-05-2026 Perused the Letter No. 797 dated 04.05.2026 of the
Superintendent of Police, Madhepura along with the report of
S.H.O., Arar Police Station, Madhepura dated 03.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Bhim Yadav has died. Certificate of death of
the appellant issued by Mukhiya of Gram Panchayat, Tema
Bhela, Block-Gawalpada, Madhepura has also been enclosed
with the said report.
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
Patna High Court CR. APP (DB) No.1506 of 2007(4) dt.12-05-2026
2/2
disposed of.
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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