Patna High Court
RAM SAGAR RAIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue under the relevant statutory provision.
Summary
The appellant, Ram Sagar Rai, filed a criminal appeal (DB) No.405 of 2011 against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by police reports and a death certificate. 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 applies for its continuation. Since no relative filed an application for leave to continue, the court held that the appeal could not proceed. Consequently, the criminal appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks its continuation?
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
- Section 435 BNSS 2023
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.405 of 2011
======================================================
Ram Sagar Rai, S/O Late Brijnandan Rai, R/O Village- Rasulpur Maniyari,
P.S- Sakra, District- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar @ S.K., Adv.
For the Respondent/s : Mr. Lala Kailash Bihari, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 13-05-2026 Perused the Letter No. 785 dated 09.05.2026 of the
Senior Superintendent of Police, Muzaffarpur, along with the
report dated 07.05.2026 of S.H.O., Sakra P.S., Gaya Ji, as well
as the certificate of death issued on 07.05.2026, issued by
Mukhiya, Raj Misroliya, Block-Sakra, District-Muzaffarpur,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Ram Sagar Rai, is dead.
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.405 of 2011(7) dt.13-05-2026
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)
supratim/-
U T
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