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Patna High Court

SADHU RAIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Sadhu Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the S.H.O. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the abatement of appeals upon the death of a party. Since no near relative filed an application for leave to continue the appeal, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal stands abated 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
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.426 of 2005
                 ======================================================
                 Sadhu Rai, Son of Late Bhannu Rai of Village-Ahirwaliya, Tola-Mauze, P.S.-
                 Ramgadhwa, District- East Champaran (Bihar).

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr. Binoy Kumar, Advocate
                 For the Respondent/s     :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   10-04-2026                          Perused the Letter No. 357 dated 16.02.2026 of

                   the Superintendent of Police, East Champaran, Motihari, along

                   with the Report dated 13.02.2026 of the S.H.O., Ramgadhwa

                   Police Station, East Champaran, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Sadhu 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.426 of 2005(4) dt.10-04-2026
                                                     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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