Patna High Court
RAM SOBARATH RAI @ RAM SWARATH RAIversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal abated and was disposed of as no near relative applied to continue it.
Summary
The appellant, Ram Sobarath Rai, died before the conclusion of his criminal appeal. The Superintendent of Police submitted a letter and death certificate confirming the death. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (equivalent to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a near relative applies to continue it. No near relative filed such an application. Consequently, the Court held that the appeal stood abated and ordered its disposal.
Issues considered
- Does the death of an appellant automatically abate a pending criminal appeal under Section 394 CrPC?
- Is an application by a near relative required to continue the appeal after the appellant's death?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.427 of 1999
======================================================
Ram Sobarath Rai @ Ram Swarath Rai, Son of Jagdish Rai, Resident of
Village- Belahi Dullah, P.S.-Tariyani, District-Sheohar.
... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 20-02-2026 Perused the Letter No. 19 dated 12.02.2026 issued by
the Superintendent of Police, Sheohar, wherein it has been
specifically mentioned about the death of the sole appellant,
namely, Ram Sobarath Rai @ Ram Swarath Rai. The Death
Certificate has also been annexed to the report.
2. In view of the said letter and having regard to
Section 394 of the Code of Criminal Procedure, 1973, which
corresponds to Section 435 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and inasmuch as no near relative has filed any
application seeking leave to continue the appeal, the present
Criminal Appeal stands abated and is accordingly disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U T
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