Patna High Court

MUNNU YADAVversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue the appeal.

Summary

The appellant, Munnu Yadav, filed a criminal appeal (DB) No.629 of 2010 against the State of Bihar. While the appeal was pending, the Superintendent of Police and the Police Inspector submitted reports confirming that the appellant had died, and a death certificate was attached. The Court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Since no near relative filed such an application, the Court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant when no near relative applies 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
procedural law
CrPC
Bharatiya Nagarik Suraksha Sanhita

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.629 of 2010
                 ======================================================
                 Munnu Yadav S/O Late Sri Kishun Yadav, Resident of Village Chatursal Ganj
                 Dumraon, P.S. Dumraon, District Buxar.

                                                                                ... ... Appellant
                                                    Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant    :         Mr. Manish Kumar -3, Advocate
                 For the Respondent   :         Mr.D.K.Sinhaapp, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   08-05-2026                 Perused    the    report      dated   02.05.2026       of    the

                   Superintendent of Police, Buxar along with the report dated

                   30.04.2026 of the Police Inspector-cum-S.H.O., Dumraon

                   Police Station, Buxar, which indicate that the sole appellant

                   Munna Yadav is dead and the death certificate of the appellant is

                   annexed with the said report.

                               2. In view of the said report 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.629 of 2010(3) dt.08-05-2026
                                                       2/2




                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

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