Patna High Court
Ram Kumar @ Ramjee RaiversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of any application by a near relative.
Summary
The appellant, Ram Kumar, filed a criminal appeal (Cr. App. DB No.616 of 2014) against the State of Bihar. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police and the Sub‑Inspector. The court examined 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 if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal abates upon the death of the appellant when no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.616 of 2014
Arising Out of PS. Case No.-65 Year-2009 Thana- DUMRA District- Sitamarhi
======================================================
Ram Kumar @ Ramjee Rai, S/o Ram Naresh Rai, Resident of Village
Vishwanathpur, P.S. Dumra, District Sitamarhi.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashhar Mustafa, Advocate
For the Respondent/s : Mr.G.P.Jaiswal, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 07-05-2026 Perused the Letter No. 147 dated 25.02.2026 of the
Superintendent of Police, Sitamarhi along with the report of Sub
Inspector of Police cum S.H.O., Dumra Police Station dated
08.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Ram Kumar @ Ramjee Rai has
died.
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.616 of 2014(4) dt.07-05-2026
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)
ranjan/-
U
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