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Patna High Court

SATYA NARAYAN YADAV and ORSversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because all appellants have died and no near relative applied for leave to continue the appeal.

Summary

The appellants, four brothers named Satya Narayan Yadav, Mithilesh Yadav, Suresh Yadav and Ganga Pd. Yadav, had filed Criminal Appeal No.51 of 1997 against the State of Bihar. During the pendency of the appeal, the police informed the Court that all the appellants had died, attaching death certificates. The Court examined the information under Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of an appeal upon the death of the appellant. Since no near relative filed an application for leave to continue the appeal, the Court held that the appeal could not proceed. Consequently, the appeal was ordered to stand abated and was disposed of, and the trial court records were directed to be sent back to the concerned court.

Issues considered

  • What is the effect of the death of all appellants on a pending criminal appeal when no relative seeks leave to continue the appeal?
  • Does Section 394 of the CrPC (or its counterpart Section 435 of the Bharatiya Nagarik Suraksha Sanhita) mandate abatement of the appeal in such circumstances?

Legislation cited

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.51 of 1997
                 ======================================================
                 1.Satya Narayan Yadav son of Ganga Yadav.
                 2.Mithilesh Yadav @ Mithilesh Kumar son of Ganga Yadav.
                 3.Suresh Yadav son of Ganga Yadav.
                 4.Ganga Pd. Yadav @ Gango Yadav son of Jageshwar Yadav
                 All resident of Village-Maini Rahi Tapra, Police Station-Madhepura, District
                 Madhepura.

                                                                            ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Md. Mushtaque Alam, Advocate
                                                 Mr. Saobiya Mushtaque, Advocate
                 For the Respondent/s    :       Mr. Bipin Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   01-05-2026                    Perused the Letter No. 209 dated 09.02.2026 of the

                   Superintendent of Police, Madhepura along with the report of

                   Police Sub Inspector, Madhepura Police Station                      dated

                   06.02.2026, wherein it is indicated that during enquiry it came

                   to light that the appellants no. 1. Satya Narayan Yadav son of

                   Ganga Yadav, appellants no. 2 Mithilesh Yadav @ Mithilesh

                   Kumar son of Ganga Yadav, appellants no. 3.Suresh Yadav son

                   of Ganga Yadav and appellant no. 4.Ganga Pd. Yadav @ Gango

                   Yadav son of Jageshwar Yadav have died. Death Certificate of

                   all the appellants have been enclosed with the said report.

                                  2. In view of the said letter as also section 394 of the
           Patna High Court CR. APP (DB) No.51 of 1997(8) dt.01-05-2026
                                                       2/2




                     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.

                                  3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                         (Sangam Kumar Sahoo, CJ)



                                                               (Harish Kumar, J)

ranjan/-

U


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