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Patna High Court

Bir Bahadur RaiversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Bir Bahadur Rai, filed a criminal appeal (DB) No.642 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant was found to be deceased, as reported by the Senior Superintendent of Police. 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 is abated 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 could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (Section 435 B.N.S. 2023).

Legislation cited

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.642 of 2013
                         Arising Out of PS. Case No.-10 Year-2004 Thana- MAKER District- Saran
                 ======================================================
                 Bir Bahadur Rai S/O Bisan Dahay Rai @ Chandar Rai Resident Of Village-
                 Bardhichak, P.S.- Maker, District- Saran At Chapra Bihar


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Manoj Kumar, Advocate
                 For the Respondent/s    :        Mr. Dilip Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 350 dated 17.02.2026 of the

                   Senior Superintendent of Police, Saran along with the Report

                   dated 15.02.2026 of the S.H.O, Maker Police Station, Saran at

                   Chapra, wherein it is indicated that during enquiry it came to

                   light that the sole appellant, namely, Bir Bahadur Rai, is dead.

                               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.642 of 2013(3) dt.01-05-2026
                                                     2/2




                                3. Let the trial court record be sent back to the

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



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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