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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

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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