Patna High Court
BECHAN YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no relative has applied for leave to continue.
Summary
The appellant, Bechan Yadav, died during the pendency of his criminal appeal. The court examined a police letter confirming his death and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a party to represent the deceased. 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 lower court.
Issues considered
- What is the effect on a criminal appeal when the sole appellant dies and no relative files an application to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- section 394 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.19 of 2005
======================================================
Bechan Yadav, Son of Sheo Narayan Yadav, Resident of Village-Teldiha,
Police Station-Udakishunganj, District-Madhepura.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr.Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 07-05-2026 Perused the Letter No. 148 dated 06.02.2026 of the
Superintendent of Police, Madhepura along with the Report
dated 03.02.2026 of the Police Inspector-cum-S.H.O,
Udakishunganj Police Station, Madhepura, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Bechan Yadav, is dead.
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
disposed of.
Patna High Court CR. APP (DB) No.19 of 2005(9) dt.07-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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