Patna High Court
DHANAI RAMversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant is deceased and no near relative sought leave to continue the appeal.
Summary
The appellant, Dhanai Ram, filed a criminal appeal (DB) No.227 of 1997 against the State of Bihar. While hearing the appeal on 13‑05‑2026, the Patna High Court examined police reports and a death certificate confirming that the appellant 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 cannot proceed after the death of the appellant unless a near relative applies for leave to continue. No such application was filed. Consequently, the Court held that the appeal stood abated and ordered its disposal, directing the trial court record 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 for leave to proceed?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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.227 of 1997
======================================================
Dhanai Ram, Son of Halkhori Ram @ Ram Bilash Ram, Resident of Village-
Ojhoul, P.S.- Bhadurpur, Dist.- Darbhanga.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kr.Choudhary, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 13-05-2026 Perused the Report No. 671 dated 10.05.2026 of the
Senior Superintendent of Police, Darbhanga along with the
Report dated 05.05.2026 of the S.H.O., Bahadurpur Police
Station, Darbhanga as well as the Certificate of Death dated
05.05.2026 of the Up-Pramukh of Block- Bahadurpur, Dist.-
Darbhanga; wherein it is indicated that the sole appellant,
namely, Dhanai Ram, 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.227 of 1997(6) dt.13-05-2026
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)
shivank/-
U T
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