Patna High Court

Sanjay RaiversusThe State Of Bihar

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Sanjay Rai, filed a criminal appeal (CR. APP (DB) No.743 of 2015) before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. 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 of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

Whether a criminal appeal can continue when the appellant has died and no near relative applies 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
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.743 of 2015
                   Arising Out of PS. Case No.-145 Year-2003 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Sanjay Rai Son of Mukteshwar Rai Resident of village - Jthora, Police Station
                 - Buxar, District - Buxar

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Sarva Deo Singh, Advocate
                 For the Respondent/s    :       Mr. A.Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   01-05-2026                    Perused the Letter No. 173 dated 08.02.2026 of the

                   Superintendent of Police, Buxar along with the Report dated

                   06.02.2026 of the Sub-Inspector of Police-cum-Incharge-

                   S.H.O., Buxar Mufassil Police Station, wherein it is indicated

                   that during enquiry it came to light that the sole appellant,

                   namely, Sanjay 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.743 of 2015(6) 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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