Patna High Court
SARVAJEET RAI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated under Section 394 CrPC (Section 435 BHSS 2023) as no near relative filed an application for leave to continue.
Summary
The appellants, Sarvajeet Rai and Ram Sakal Rai, died during the pendency of Criminal Appeal No.189 of 2008 before the Patna High Court. The court examined a police letter and death certificate confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if no near relative files an application for leave to continue. Since no such application was filed, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Can a criminal appeal continue after the death of the appellant when no near relative applies for leave to continue the appeal?
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.189 of 2008
======================================================
1.Sarvajeet Rai.
2.Ram Sakal Rai, both sons of late Bijeshwar Rai, both residents of Village-
Karwaseen, Police Station-Sahar, District-Bhojpur at Arrah.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashutosh Kumar, Advocate
For the Respondent/s : Mr.Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-05-2026 Perused the Letter No. 837 dated 28.04.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
of Sub Inspector of Police, Sahar Police Station dated
27.03.2026, wherein it is indicated that during enquiry it came
to light that the appellants Sarvajeet Rai and Ram Sakal Rai,
have died. Certificate of death issued by Sarpanch of Gram
Kachahari has also been enclosed with the said report.
2. In view of the said letter 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.189 of 2008(3) dt.07-05-2026
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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