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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

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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