Patna High Court
Sohrai Yadav @ Sohrai Singh and AnrversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellants are deceased and no near relative sought leave to continue.
Summary
The appellants, Sohrai Yadav and Mohrai Yadav, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the police investigation revealed that both appellants had died. The court examined the Superintendent of Police's letter and the Sub‑Inspector's report confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), 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 stood abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- Whether a criminal appeal stands abated when the appellant dies and no near relative files an application for leave to continue the appeal
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
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- procedural law
- appeal disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.68 of 2015
Arising Out of PS. Case No.-51 Year-2007 Thana- CHANDI District- Bhojpur
======================================================
1. Sohrai Yadav @ Sohrai Singh and Anr
2. Mohrai Yadav@Mohrai Singh Both are sons of Late Laldulari Yadav Both
are residents of village-Hardas Tola,p.S-Caundi,Distt.-AraBhojpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Kumar @ Manu, Advocate
For the Respondent/s : Mrs. Abha Singh, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 299 dated 17.02.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 08.02.2026 of the Sub-Inspector of Police, Chandi Police
Station, Bhojpur, wherein it is indicated that during enquiry it
came to light that both the appellants, namely, Shorai Yadav @
Sohrai Singh and Mohrai Yadav @ Mohrai Singh, are 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
Patna High Court CR. APP (DB) No.68 of 2015(4) dt.01-05-2026
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)
Neha/-
U
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