Patna High Court
DEO NARAIN YADAV @ DEO NANDAN YADAVversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of due to the appellant's death and lack of any application to continue.
Summary
The appellant, Deo Narain Yadav, filed a criminal appeal (DB) No.787 of 2007 before the Patna High Court. During the pendency of the appeal, the police submitted a report confirming that the appellant had died, and a death certificate was attached. No near relative filed an application for leave to continue the appeal after the appellant's death. The Court examined Section 394 of the Code of Criminal Procedure, 1973, which is mirrored by Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, governing abatement of proceedings upon the death of a party. In the absence of any application to continue, the Court held that the appeal stands abated and is disposed of. The trial court record was ordered to be sent back to the concerned 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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated proceedings
- death of appellant
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.787 of 2007
======================================================
Deo Narain Yadav @ Deo Nandan Yadav, S/o Acchelal Yadav, R/o Village-
Mahuli, Police Station-Rosera, District-Samastipur.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sita R.Yadav, Adv.
For the Respondent/s : Mr. APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 12-05-2026 Perused the Letter No. 953 dated 09.05.2026 of the
Superintendent of Police, Samastipur along with the report
dated 06.05.2026 of Police Inspector-cum-S.H.O. Rosera P.S.,
wherein it is indicated that during enquiry, it came to light that
the sole appellant, namely, Deo Narain Yadav @ Deo Nandan
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 Bhartiya 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.787 of 2007(3) dt.12-05-2026
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)
rohit/-
U T
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