Patna High Court
HARI RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of due to the appellant's death and lack of any application by a near relative.
Summary
The appellant, Hari Rai, filed a criminal appeal (DB) No.459 of 2006 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter, an SHO report, and a death certificate issued by the village sarpanch. The court examined the provisions of Section 394 of the Code of Criminal Procedure, 1973, which aligns with Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing abatement of proceedings upon the death of a party. No near relative of the deceased filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the 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
- abated proceedings
- death of appellant
- Section 394 CrPC
- Section 435 Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.459 of 2006
======================================================
Hari Rai, S/o Ramnandan Rai@Khedu Rai, R/o Village-Dighra, P.S.-Tajpur
(Pusa), Dist.-Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bimal Kumar, Adv.
For the Respondent/s : Mr. Pushkar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 925 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 07.05.2026 of S.H.O., Pusa P.S., Samastipur as well as the
certificate of death dated 06.05.2026, issued by the Sarpanch of
Gram Kutchery Dighra, Pusa, Samastipur wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Hari Rai, is dead.
2. In view of the said letters 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.459 of 2006(3) dt.12-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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