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Patna High Court

SITARAM RAIversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the appellant's death and the lack of any application by a near relative.

Summary

The appellant, Sitaram Rai, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. No near relative filed an application for leave to continue the appeal. The Court applied Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates on the death of the appellant unless a relative seeks its continuation. Consequently, the Court held that the appeal stands abated and ordered it to be disposed of, directing the trial court records to be sent back.

Issues considered

  • Whether a criminal appeal abates on the death of the appellant in the absence of an application by a near relative.
  • Whether Section 394 CrPC (or its counterpart Section 435 BNS Act) applies to abate the appeal.

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • Section 394 CrPC
  • Section 435 BNS Act
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.594 of 2008
                 ======================================================
                 Sitaram Rai son of late Gena Lal Rai, resident of Village-Saidpur Dumra,
                 Police Station-Patepur, District-Vaishali.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   05-05-2026              Perused the Letter No. 574 dated 26.04.2026 of the

                   Superintendent of Police, Vaishali along with the report of

                   Police Inspector cum SHO, Patepur Police Station dated

                   25.04.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Sitaram Rai, has died. Certificate

                   of death issued by Mukhiya of Gram Panchayat Raj Saidpur,

                   Police Station-Patepur (Vaishali) 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
           Patna High Court CR. APP (DB) No.594 of 2008(4) dt.05-05-2026
                                                       2/2




                     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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