Patna High Court

NARESH YADAVversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated and disposed because the appellant is dead and no near relative has applied for leave to continue the appeal under the applicable statutory provision.

Summary

The appellant, Naresh Yadav, filed a criminal appeal (DB) No.288 of 1997 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and report. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Does a criminal appeal abate upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC (now Sec. 435 B.N.S.)?

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
Section 435 Bharatiya Nagarik Suraksha Sanhita
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.288 of 1997
                 ======================================================
                 Naresh Yadav Son of Gholti Yadav, resident of Village-Kodwar, P.S.-
                 Kahalgaon, District-Bhagalpur.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kundan Bahadur Singh, Advocate
                 For the Respondent/s   :     Mr. Anand Mohan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   24-04-2026                    Perused the Letter No. 477 dated 18.03.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   Report dated 18.03.2026 of the Sub-Inspector of Police-cum-

                   S.H.O, Ghogha Police Station, Bhagalpur, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Naresh Yadav, 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.288 of 1997(4) dt.24-04-2026
                                                     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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