Patna High Court
HARI YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the sole appellant dies and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.
Summary
The appellant, Hari Yadav, died while his criminal appeal was pending before the Patna High Court. The court examined a police letter and death certificate confirming his death. The issue was whether the appeal could proceed in the absence of a surviving relative filing an application to continue it. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative seeks leave to continue. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the sole appellant when no near relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.325 of 2003
======================================================
Hari Yadav Son of Sanup Lal Yadav @ Sanful Yadav, Resident of Village-
Sheikhpura, P.S. Bhargama, District-Araria.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Girish Prasad Gupta, Advocate
For the Respondent/s : Mr. S.N. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 206 dated 12.02.2026 of the
Superintendent of Police, Araria along with the report of Police
Sub Inspector, Bhargama Police Station dated 08.02.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Hari Yadav, has died. Certificate of death
issued by Sarpanch of Block-Bhargama, District-Ararai has also
been enclosed with the said report.
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.325 of 2003(4) dt.01-05-2026
2/2
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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