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Patna High Court

RAGHU YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated and is disposed of due to the appellant's death and lack of a leave application.

Summary

The appellant, Raghu Yadav, filed a criminal appeal (DB) No.263 of 2008 before the Patna High Court. Police reports dated 14-05-2026 and 15-05-2026 established that the appellant had died. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which mirrors Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the abatement of criminal proceedings upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, with directions to return the trial court record 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 continue.

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.263 of 2008
                 ======================================================
                 Raghu Yadav, son of Late Nemdhari Yadav, resident of Village- Mangarawan,
                 P.S.- Wazirganj, District- Gaya
                                                                                      ... ... Appellant
                                                        Versus
                 The State of Bihar
                                                                                    ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant        :        Mr. Manish Kumar -3, Advocate
                 For the Respondent       :        Smt. Shashi Bala Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE HARISH KUMAR
                                                   ORAL ORDER
                                (Per: HONOURABLE THE CHIEF JUSTICE)


5   26-05-2026                  Perused the report dated 15.05.2026 of the Senior

                   Superintendent of Police, Gaya along with the report dated

                   14.05.2026 of the Police Inspector-cum-S.H.O., Wazirganj

                   Police Station, Gaya, which indicate that the sole appellant

                   Raghu Yadav is dead.

                                2. In view of the said reports 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.263 of 2008(5) dt.26-05-2026
                                                       2/2




                     disposed of.

                                  3. Let the trial court record be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
shailendra/-

U


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