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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

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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