Patna High Court
RAGHUVANSH RAIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated because the appellant is dead and no near relative sought leave to continue the appeal.
Summary
The appellant, Raghuvansh Rai, filed a criminal appeal (DB) No.27 of 2012 against the State of Bihar. During the pendency of the appeal, the court learned from police reports and a death certificate that the appellant had died in 2018. Under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue the appeal. No such application was filed. Consequently, the High Court held that the appeal stands abated and ordered the trial court record to be returned. The appeal was therefore disposed of.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (now Sec. 435 B.N.S. 2023).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.27 of 2012
Arising Out of PS. Case No.-72 Year-2008, Thana- Bidupur, District- Vaishali
======================================================
Raghuvansh Rai, S/O Late Sevak Lal Rai @ Sevak Rai, Resident Of Village
Mohanpur, P.S. Bidupur, District Vaishali.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar, Adv.
For the Respondent/s : Mr. A.Sharma, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 171, dated 11.02.2026 of the
Superintendent of Police, Vaishali along with the Report dated
10.02.2026 of Sub-Inspector of Police, Bidupur Police Station,
Vishali as well as the Death Certificate dated 21.07.2018 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, Raghuvansh 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.27 of 2012(4) dt.08-05-2026
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)
Anjani/-
U
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