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Patna High Court

NAND GOPAL RAIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.

Summary

The appellant, Nand Gopal Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the village Sarpanch. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application the appeal cannot proceed. Consequently, the appeal was abated and disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative applies for leave to continue the appeal.

Legislation cited

Subjects

  • criminal appeal
  • death of appellant
  • abated appeal
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.514 of 2006
                 ======================================================
                 Nand Gopal Rai son of Ram Ekbal Rai, R/o Village Devchanda, Police
                 Station Piro, District Bhojpur.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   06-05-2026              Perused the Letter No. 1080 dated 03.05.2026 of the

                   Superintendent of Police, Bhojpur at Arrah along with the report

                   of SHO, Piro Police Station dated 01.05.2026, wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant Nand Gopal Rai, has died. Certificate of death issued

                   by Sarpanch of Gram Kachahari-Tilath, Block-Piro, Bhojpur has

                   also been enclosed with the said report.

                                  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.514 of 2006(4) dt.06-05-2026
                                                        2/2




                                    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)
guddukr/-

U


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