Patna High Court
Ram Padarat Rai @ Bikau RaiversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of under Section 394 CrPC/Section 435 B.N.S. 2023.
Summary
The appellant, Ram Padarat Rai, filed a criminal appeal (DB) No.303 of 2014 before the Patna High Court. During the pendency of the appeal, the court received a letter and police report confirming 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 mandates abatement of an appeal if the appellant dies and no near relative seeks leave to continue. No relative filed such an application. Consequently, the court held that the appeal could not proceed and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the lower court for any further necessary action.
Issues considered
- Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal
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.303 of 2014
Arising Out of PS. Case No.-139 Year-2009 Thana- SURSAND District- Sitamarhi
======================================================
Ram Padarat Rai @ Bikau Rai, Son of Late Ram Awtar Rai, resident of
village Chandpatti, P.S- Sursand, District- Sitamarhi.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dr. Bidhu Ranjan, 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)
6 17-04-2026 Perused the Letter No. 180 dated 25.02.2026 of the
Superintendent of Police, Sitamarhi along with the Report dated
08.02.2026 of S.H.O, Sitamarhi Police Station, wherein it is
indicated that during enquiry it came to light that the sole
appellant, namely, Ram Padarat Rai @ Bikau 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.303 of 2014(6) dt.17-04-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
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