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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

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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