Patna High Court

GOGA RAI @ RADHEY SHYAM RAIversusSTATE OF BIHAR

Decided: 6 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as the appellant is dead and no near relative has applied for leave to continue.

Summary

The appellant, Goga Rai, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the police informed the court that the appellant had died. The court examined the applicable provision, 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 files an application to continue it. Since no such application was made, 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 lower court.

Issues considered

Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — 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.264 of 1998
                 ======================================================
                 Goga Rai @ Radhey Shyam Rai, Son of Shri Bhagwan Rai, resident of
                 Village-Bara Police Station-Bihiya, District-Bhojpur.


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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Rajiva Ranjan, Advocate
                 For the Respondent/s   :     Mr. S.N. Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   06-05-2026                    Perused the Letter No. 823 dated 28.04.2026 of the

                   Superintendent of Police, Bhojpur, Ara along with the Report

                   dated 27.04.2026 of the S.H.O, Bihiya Police Station, Bhojpur

                   (Ara), wherein it is indicated that during enquiry it came to light

                   that the sole appellant, namely, Goga Rai @ Radhey Shyam 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.264 of 1998(4) dt.06-05-2026
                                                     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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