Patna High Court
RANJIT RAIversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of because the appellant is deceased and no near relative applied for leave to continue.
Summary
The appellant, Ranjit Rai, filed a criminal appeal (DB) No.850 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. 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. No relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the lower court for any further necessary action.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no near relative seeks leave to continue the appeal under Section 394 CrPC?
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.850 of 2004
======================================================
Ranjit Rai, Son of Akal Rai @ Ram Sakal Rai, Resident of Village-Kasi
Khwajpur, P.S. Baligaon, District- Vaishali
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashutosh Kumar, Adv.
For the Respondent/s : Mr. Bipin Kumar, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 14-05-2026 Perused the Letter No. 164 dated 10.02.2026 of the
Superintendent of Police, Vaishali along with the Report dated
08.02.2026 of S.H.O., Baligaon P.S., Vaishali as well as Death
Certificate dated 01.02.2022 issued by the Patna Municipal
Corporation, wherein it is indicated that the sole appellant,
namely, Ranjit Rai is dead.
2. In view of the said letters 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.850 of 2004(4) dt.14-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Anjani/-
U T
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