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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

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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