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Patna High Court

BECHO YADAV @ BECHU YADAVversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Becho Yadav, died during the pendency of his criminal appeal, and a death certificate was produced. The court examined the police reports confirming the death. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if 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.

Issues considered

  • Can a criminal appeal continue after the death of the appellant without a petition from a near relative?

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.721 of 2002
                 ======================================================
                 BECHO YADAV @ BECHU YADAV S/o Chhoti Yadav, R/o- Village-
                 Mahmadpur, P.S. Simri, Bakhtiyarpur, District- Saharsa

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Pramod Mishra, Advocate
                 For the Respondent/s   :      Mr.Pp.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   13-03-2026                    Perused the Memo No. 233 dated 17.08.2025 of the

                   Superintendent of Police, Saharsa along with the Memo No.

                   2699 of 2025 dated 12.08.2025 of the S.H.O., Balbahat,

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

                   light that the sole appellant, namely, Becho Yadav @ Bechu

                   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
            Patna High Court CR. APP (DB) No.721 of 2002(4) dt.13-03-2026
                                                        2/2




                      disposed of.

                                   3. Let the trial court record be sent back.



                                                     (Sangam Kumar Sahoo, CJ)


                                                              (Harish Kumar, J)
guddukr/-

U      T


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