Patna High Court

KAMLA RAIversusSTATE OF BIHAR

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

An appeal abates and is disposed of if the appellant dies and no near relative files an application for leave to continue, as mandated by Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Kamla Rai, filed a criminal appeal (DB) No.353 of 2006 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and considered the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It held that, in the absence of an application by a near relative for leave to continue the appeal, the appeal cannot proceed. Consequently, the appeal was deemed abated and was disposed of. The trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant when no near relative applies for leave to proceed

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
Section 435 B.N.S. 2023
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.353 of 2006
                 ======================================================
                 Kamla Rai, Son of Late Manbodh Rai, Resident of Village-Sarenja, P.S.-
                 Rajpur, District-Buxar.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Gajanan Arun, Advocate
                 For the Respondent/s   :     Mr. App.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 185 dated 08.02.2026 of the

                   Superintendent of Police, Buxar along with the Report dated

                   05.02.2026 of the Sub-Inspector of Police, Rajpur Police

                   Station, Buxar, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Kamla 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.
         Patna High Court CR. APP (DB) No.353 of 2006(3) dt.01-05-2026
                                                     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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