Patna High Court

BIRCHANDRA RAIversusSTATE OF BIHAR

Decided: 13 March 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated due to the appellant's death and the lack of an application by a near relative.

Summary

The appellant, Birchandra Rai, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died and a death certificate was produced. The court examined the police report and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court record was ordered to be sent back.

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
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.463 of 2002
                 ======================================================
                 BIRCHANDRA RAI, Son of Bilas Rai, R/o village- Chaknoor, P.S. Hajipur
                 Sadar, District- Vaishali at Hajipur.

                                                                                ... ... Appellant/s
                                                         Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Ashutosh Kumar, Advocate
                 For the Respondent/s    :       Mr.Mahendra Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   13-03-2026                     Perused the Letter No. 168 dated 11.02.2026 of the

                   Superintendent of Police, Vaishali along with the Report No.

                   DR- 294/2026 dated 08.02.2026 of the Police Inspector-cum-

                   S.H.O., Sadar Thana, Hajipur, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely,

                   Birchandra Rai, is dead and the death certificate of the appellant

                   is annexed with the said report.

                               2. In view of the said report 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
            Patna High Court CR. APP (DB) No.463 of 2002(7) dt.13-03-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back.



                                                      (Sangam Kumar Sahoo, CJ)


                                                              (Harish Kumar, J)
guddukr/-

U      T

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