Patna High Court

BABULAL YADAVversusSTATE OF BIHAR

Decided: 13 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is deceased and no relative applied for leave to continue.

Summary

The appellant, Babulal Yadav, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by police reports and a death certificate. No near relative filed an application for leave to continue the appeal. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of a petition by a relative, the appeal cannot proceed. Consequently, the appeal was abated and disposed of. The trial court record was ordered to be sent back to the lower court.

Issues considered

What is the effect on a pending criminal appeal when the appellant dies and no relative seeks leave to continue 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
Section 435 BHNS
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.732 of 2008
                 ======================================================
                 Babulal Yadav, son of Late Bali Yadav, resident of Village- Prayagwa, P.S.
                 Yogapatti, District- West Champaran

                                                                              ... ... Appellant
                                                     Versus
                 The State of Bihar

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant     :         Mr. Umesh Chandra Verma, Advocate
                 For the Respondent    :         Mr.G.P.Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   13-05-2026                 Perused     the    report      dated   05.05.2026     of   the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   the report dated 03.05.2026 of the S.H.O., Yogapatti Police

                   Station, West Champaran (Bettiah), which indicate that the sole

                   appellant Babulal Yadav is dead and the death certificate of the

                   appellant is annexed with the said report.

                               2. In view of the said reports 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.

                               3. Let the trial court record be sent back to the
           Patna High Court CR. APP (DB) No.732 of 2008(3) dt.13-05-2026
                                                       2/2




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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

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