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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
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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