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Patna High Court

YADOLAL RAIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.

Summary

The appellant, Yadolal Rai, was found to be deceased during the pendency of his criminal appeal. The court examined a letter from the Superintendent of Police and a police report confirming his death. 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 could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal

Legislation cited

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.527 of 2004
                 ======================================================
                 Yadolal Rai, Son of Kunwar Rai, Resident of Village- Zathu Tola, P.S.-Jitna,
                 District-East Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :     Mr. Hirday Prasad Singh, Advocate
                 For the Respondent/s     :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

9   10-04-2026                          Perused the Letter No. 353 dated 16.02.2026 of

                   the Superintendent of Police, East Champaran, Motihari, along

                   with the Report dated 10.02.2026 of the S.H.O., Jitna Police

                   Station, East Champaran, wherein it is indicated that during

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

                   Rai, 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.527 of 2004(9) dt.10-04-2026
                                                     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)
Neha/-

U


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