Patna High Court
BAJRANGI RAIversusSTATE OF BIHAR
- Decided
- Disposal
- DISPOSED
Holding
The appeal stands abated and is disposed of because the appellant died and no relative applied for leave to continue the appeal.
Summary
The appellant, Bajrangi Rai, died before the conclusion of his criminal appeal, as confirmed by a police letter and a death certificate. No near relative filed an application to seek leave for continuation of the appeal. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which governs abatement of appeals upon the death of a party. Since no application was made, the Court held that the appeal could not proceed. Consequently, the appeal was declared abated and disposed of.
Issues considered
- What is the effect of the death of an appellant on a pending criminal appeal when no relative seeks leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S.?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.438 of 1999
======================================================
Bajrangi Rai, Son of Late Sarjug Ray, Resident of Village-Belahi Dulha, P.S.-
Tariyani, District-Sheohar. ... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, 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)
5 20-02-2026 Perused 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, Bajrangi 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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