Patna High Court
VINOD RAI @ RAM VINOD RAIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue it.
Summary
The appellant, Vinod Rai, died during the pendency of Criminal Appeal No.653 of 2011. The court examined letters from the Superintendent of Police and the S.H.O., along with a death certificate confirming the appellant's demise. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, 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.
- Whether Section 394 of the Code of Criminal Procedure, 1973 (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.653 of 2011
======================================================
Vinod Rai @ Ram Vinod Rai, Son of Lakshmi Rai, Resident of Village-
Alampur Simri, Police Station- Vidyapatinagar, District- Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prashant Vedasen, Adv.
For the Respondent/s : Mr. A. K. Sinha, App
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 14-05-2026 Perused the Letter No. 865 dated 09.05.2026 of the
Superintendent of Police, Samastipur, along with the report
dated 07.05.2026 of S.H.O., Vidyapatinagar P.S., Samastipur, as
well as the certificate of death issued on 08.04.2026, issued by
Sarpanch, Gram Kachhari- Raj Simri, Block- Vidyapatinagar,
District- Samastipur, wherein it is indicated that during enquiry
it came to light that the sole appellant, namely, Vinod Rai @
Ram Vinod Rai, is dead.
2. In view of the said letters 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
Patna High Court CR. APP (DB) No.653 of 2011(6) dt.14-05-2026
2/2
disposed of.
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)
supratim/-
U T
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