Patna High Court
YAMUNA RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.
Summary
The appellant, Yamuna Rai, was found to be deceased during the pendency of Criminal Appeal No.84 of 1999. The court examined a letter from the Superintendent of Police and reports from the Sub‑Inspector and the village Sarpanch confirming the 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 dies and no near relative files an application to continue it. Since no relative applied for leave to proceed, the court held that the appeal could not continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is dead and no near relative applies for leave to continue the appeal
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.84 of 1999
======================================================
Yamuna Rai, Son of Late Ramlayak Rai, Resident of Village- Daulatpur
Kochia Tola, P.S.- Koilwar, District- Bhojpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Priyadarshi, Adv.
For the Respondent/s : Mr. Dilip Kumar Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 432 dated 07.03.2026 of the
Superintendent of Police, Bhojpur, Ara along with the Report
dated 27.02.2026 of Sub-Inspector of Police, Koilwar Police
Station and the Report dated 27.02.2026 of the Sarpanch of
Gram Kachahari, Daulatpur, Block-Koilwar, District-Bhojpur;
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Yamuna 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.84 of 1999(3) dt.17-04-2026
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)
supratim/-
U T
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