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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

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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