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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

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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