Patna High Court

BANSH NARAIN YADAVversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Bansh Narain Yadav, filed a criminal appeal (DB) No.394 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by letters from the Superintendent of Police and the S.H.O. 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 for abatement of proceedings upon the death of a party unless a near relative applies to continue. No near relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal. The trial court records were directed to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (or its equivalent)?

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.394 of 2006
                 ======================================================
                 Bansh Narain Yadav, Son of Late Sheonath Yadav, Resident of Village-Ghari,
                 Police Station-Kudra, District-Kaimur.


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


                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr. Narendra Kumar, 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   08-05-2026                    Perused the Letter No. 638 dated 01.05.2026 of the

                   Superintendent of Police, Kaimur at Bhabhua along with the

                   report of S.H.O, Kudra Police Station dated 30.04.2026,

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

                   the sole appellant Bansh Narain Yadav has died.

                                  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

                   disposed of.
           Patna High Court CR. APP (DB) No.394 of 2006(3) dt.08-05-2026
                                                       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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Narendra Kumar