Patna High Court
RANJEET RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under the applicable statutory provision.
Summary
The appellant, Ranjeet Rai, filed a criminal appeal (DB) No.153 of 2007 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a death certificate annexed to a police report. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, dealing with abatement of appeals upon the death of a party. No near relative of the deceased appellant filed an application for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned lower court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative seeks leave to continue the appeal under the relevant procedural provision.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Criminal Procedure
- Section 394 CrPC
- Section 435 BNS Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.153 of 2007
======================================================
Ranjeet Rai, S/o Rajgir Rai, R/o-Village-Enayatpur Dhamaun, P.S.-Patory,
District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jitendra Narain Sinha, Adv.
For the Respondent/s : Mr. Rakesh Kr.Tiwary, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 12-05-2026 Perused the Letter No. 830 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 08.05.2026 of Police Inspector, Sahpur Patori P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Ranjeet Rai, is dead and the death
certificate of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.153 of 2007(10) dt.12-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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