Patna High Court
RAM AYODHYA BIN @ YODHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue.
Summary
The appellant, Ram Ayodhya Bin @ Yodha, died before the conclusion of his criminal appeal. The court examined police reports and a death certificate confirming his 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 the appellant is deceased and no near relative files an application to continue it. No relative applied for leave to continue the appeal. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks 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
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.79 of 2010
======================================================
Ram Ayodhya Bin @ Yodha S/O Late Keshwar Bin R/O Vill. and Post –
Chefal, P.S.-Manjhi, Dist.-Saran At Chapra.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumant Singh, Adv.
For the Respondent/s : Mr. D. K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 13-05-2026 Perused the Report No. 856 dated 03.05.2026 of the
Senior Superintendent of Police, Saran along with the Report
dated 03.05.2026 of the S.H.O., Manjhi Police Station, Saran as
well as the Certificate of Death dated 03.05.2026 of the
Mukhiya of Gram Panchayat- Raj Cheful, Block- Manjhi, Dist.-
Saran; wherein it is indicated that the sole appellant, namely,
Ram Ayodhya Bin @ Yodha, 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.79 of 2010(6) dt.13-05-2026
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)
shivank/-
U T
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