Patna High Court
ARBIND YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeals stand abated and are disposed as no application was filed under Section 394 CrPC.
Summary
The appellants in two criminal appeals (Cr. Appeal (DB) No.259 and No.277 of 1999) died before the appeals could be decided. No near relative filed an application seeking leave to continue the appeals. The Court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) which provide that an appeal abates on the death of the appellant unless a relative applies for its continuation. Since no such application was made, the Court held that the appeals could not proceed. Consequently, both appeals were declared abated and disposed of.
Issues considered
- Whether a criminal appeal stands abated on the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- Criminal Appeal
- Abatement
- Death of appellant
- Section 394 CrPC
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.259 of 1999
======================================================
Brahmdeo Yadav, Son of Late Madho Yadav (Mahto), Resident of Village-
Lagma, P.S.-Dharahra, District-Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 277 of 1999
======================================================
Arbind Yadav, Son of Brahmdeo Yadav, Resident of Village-Lagma, P.S.-
Dharahra, District-Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 259 of 1999)
For the Appellant/s : Mr. Ajit Kumar Singh 2, Advocate
For the Respondent/s : Mr. Ajay Mishra, A.P.P.
(In CRIMINAL APPEAL (DB) No. 277 of 1999)
For the Appellant/s : Mr. Ajit Kumar Singh 2, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 20-02-2026 Perused the Letter No. 155 dated 12.02.2026 issued
by the Superintendent of Police, Munger, along with the report
furnished by the S.H.O., Hemjapur Police Station, Munger
annexed thereto, wherein it has been indicated that the sole
appellant in Cr. Appeal (DB) No. 259 of 1999, namely,
Brahmdeo Yadav, has died, and Arbind Yadav, sole appellant in
Patna High Court CR. APP (DB) No.259 of 1999(4) dt.20-02-2026
2/2
Cr. Appeal (DB) No. 277 of 1999, has also died.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeals, both the
aforesaid Criminal Appeals stand abated and are accordingly
disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U T
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