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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

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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