Patna High Court

BANKEY RAIversusSTATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal is abated and disposed of because the appellant is dead and no near relative filed an application for leave to continue.

Summary

The appellant, Bankey Rai, filed a criminal appeal (DB) No.532 of 1997 before the Patna High Court. During the pendency of the appeal, the court received a letter and police report confirming that the appellant had died. 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 applies for leave to continue it. Since no such application was filed, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to proceed

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.532 of 1997
                 ======================================================
                 Bankey Rai, Son of Late Ramdhari Rai, resident of village-Chak Sayed
                 Mahmood, P.S.-Mehsi, District-East Champaran.



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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   24-04-2026                    Perused the Letter No. 329 dated 13.02.2026 of the

                   Superintendent of Police, East Champaran, Motihari along with

                   the Report dated 10.02.2026 of the S.H.O, Mehsi Police Station,

                   East Champaran, wherein it is indicated that during enquiry it

                   came to light that the sole appellant, namely, Bankey 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.532 of 1997(5) dt.24-04-2026
                                                     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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