Patna High Court

KAMAL YADAVversusTHE STATE OF BIHAR

Decided: 15 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 B.N.S. 2023).

Summary

The appellant, Kamal Yadav, filed a criminal appeal (DB) No.441 of 2011 before the Patna High Court. During the pendency of the appeal, the court was informed by a police letter that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application for leave to continue it. Since no such application was made, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — 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.441 of 2011
                 ======================================================
                 KAMAL YADAV S/O Late Chhotu Yadav R/O Vill. Bela, P.S. Khaira, Distt.
                 Jamui


                                                                          ... ... Appellant/s
                                                  Versus
                 THE STATE OF BIHAR

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   15-05-2026                     Perused the Letter No. 571 dated 11.05.2026 of the

                   Superintendent of Police, Jamui along with the Report dated

                   05.05.2026 of the Police Inspector-cum-S.H.O, Khaira Police

                   Station, Jamui, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Kamal Yadav, 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.441 of 2011(3) dt.15-05-2026
                                                     2/2




                                3. Let the trial court records 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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