Patna High Court

BODHAN RAI @ PRABHU NARAYAN RAIversusSTATE OF BIHAR

Decided: 7 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of under the provisions of Section 394 CrPC/Section 435 B.N.S. 2023.

Summary

The appellant, Bodhan Rai, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as indicated by a police letter and report. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

Subjects

appeal abatement
death of appellant
Criminal Procedure Code
Section 394
Bharatiya Nagarik Suraksha Sanhita
high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.193 of 2004
                 ======================================================
                 Bodhan Rai @ Prabhu Narayan Rai, Son of Late Basu Rai, resident of
                 Village-Marwa, P.S.-Bihpur, District-Bhagalpur.


                                                                            ... ... Appellant/s
                                                  Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Sanjeev Kumar, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 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. 233 dated 30.04.2026 of the

                   Superintendent of Police, Nawgachia along with the Report

                   dated 29.04.2026 of the S.H.O, Jhandapur Police Station,

                   Bhagalpur, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Bodhan Rai @ Prabhu

                   Narayan Rai, 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.193 of 2004(3) 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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