Created by Fuzzy Cloud

Patna High Court

JAGARNATH RAIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as the appellant is deceased and no relative sought leave to continue.

Summary

The appellant Jagarnath Rai filed a criminal appeal, but the Supreme Court learned from police reports and a death certificate that he had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no near relative applies to continue it. No relative filed such an application. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the lower court. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal
  • Whether Section 394 of the CrPC and its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apply in the present circumstance

Legislation cited

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.199 of 2001
                 ======================================================
                 Jagarnath Rai, S/o late Munilal Rai, R/o Village Mahua Singhrai, P.S.-Mahua,
                 Dist. Vaishali

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Rabindra Kumar Priyadarshi, Adv.
                 For the Respondent/s   :      Mr. Sujit Kumar Singh, Addl. PP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused the Letter No. 581 dated 28.04.2026 of the

                   Superintendent of Police, Vaishali, along with the report dated

                   25.04.2026 of Inspector of Police-cum-S.H.O.- Mahua P.S.,

                   Vaishali, as well as the Death Certificate issued on 03.03.2022,

                   issued    by    Department      of   Planning      and    Development,

                   Government of Bihar, wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Jagarnath Rai, is

                   dead.

                               2. In view of the said letters 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.199 of 2001(3) dt.13-05-2026
                                                         2/2




                       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)
supratim/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.