Patna High Court
RAM BRIKSH RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of as the appellant is deceased and no relative applied for its continuation.
Summary
The appellant, Ram Briksh Rai, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by police and gram panchayat reports and a death certificate. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the High Court held that the appeal stands abated and ordered its disposal. The trial court record was to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- Section 435 BNS
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.539 of 2007
======================================================
Ram Briksh Rai, son of late Shivji Rai, resident of Village- Ashogi (Chapra),
Police Station- Purnahiya, P.O.- Bedaulbaj, District- Sheohar
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Sumant Singh, Advocate
For the Respondent : Mr. A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the report dated 11.05.2026 of the
Superintendent of Police, Sheohar along with the report dated
10.05.2026 of the Up-Mukhiya, Gram Panchayat Raj-Basant
Jagjivan Purnahiya, which indicate that the sole appellant Ram
Briksh Rai is dead and the death certificate of the appellant is
annexed with the said report.
2. In view of the said reports 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.539 of 2007(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
P.K.P./-
U
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