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Patna High Court

BINDESHWARI PRASAD YADAV @ BINDESHWARI YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because no near relative filed an application for leave to continue the appeal after the appellant’s death.

Summary

The appellant, Bindeshwari Prasad Yadav, died during the pendency of his criminal appeal against the State of Bihar. The Superintendent of Police submitted a report and death certificate confirming the appellant’s demise. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), which require a near relative to apply for leave to continue an appeal after the appellant’s death. No such application was filed by any near relative. Consequently, the Court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (Sec. 435 BNS Sanhita).

Legislation cited

Subjects

  • Criminal appeal
  • Abatement
  • Death of appellant
  • Section 394 CrPC
  • Procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.190 of 2007
                 ======================================================
                 BINDESHWARI PRASAD YADAV @ BINDESHWARI YADAV, son of
                 Late Basuki Prasad Yadav Resident of village – Jagatpur, P.S.- Sahu Parbatta
                 (Naughachia), P.O. - Jagatpur, District- Bhagalpur.

                                                                            ... ... Appellant/s
                                                   Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Sumant Singh, Advocate
                 For the Respondent/s   :      A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                 Perused the Letter No. 290 dated 03.05.2026 of the

                   Superintendent of Police, Naugachhia, Bhagalpur along with the

                   report dated 03.05.2026 of the Police Inspector-cum-S.H.O.

                   Parbatta P.S., Shambhuganj, wherein it is indicated that during

                   enquiry, it came to light that the sole appellant, namely,

                   Bindeshwari Prasad Yadav @ Bindeshwari Yadav, is dead and

                   the death certificate of the appellant is annexed with the said

                   report.

                               2. In view of the said report 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
           Patna High Court CR. APP (DB) No.190 of 2007(3) dt.08-05-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.

                                  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)
shailendra/-

U


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