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Patna High Court

SUBODH YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of as the appellant died and no near relative applied for leave to continue.

Summary

The appellant Subodh Yadav filed a criminal appeal (DB) No.330 of 2009 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court records to be sent back.

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/Section 435 B.N.S.?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • Section 435 B.N.S.
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.330 of 2009
                 ======================================================
                 Subodh Yadav, Son of Rattan Yadav, Resident of Village-Sri Rampur, Police
                 Station-Akbarnagar, District-Bhagalpur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Anil Kumar Singh, Advocate
                 For the Respondent/s     :      Mr.A.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   12-05-2026                    Perused the Letter No. 902 dated 03.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of S.H.O., Akbarnagar Police Station dated 03.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Subodh Yadav has died. Certificate of death of

                   the appellant issued by President of Nagar Panchayat,

                   Akbarnagar, Village-Sri Rampur, Akbarnagar Police Station,

                   Block-Sultanganj has also been enclosed with the said report.

                                  2. In view of the said letters 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
           Patna High Court CR. APP (DB) No.330 of 2009(3) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   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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