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Patna High Court

Sovit RaiversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant died and no near relative applied for leave to continue the appeal.

Summary

The appellant, Sovit Rai, filed a criminal appeal (DB) No.894 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, as evidenced by a death certificate and police reports. No near relative filed an application for leave to continue the appeal after his death. The Court, applying Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), held that in the absence of such an application, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal?
  • Whether an appeal can continue without an application for leave to continue by a near relative under Section 394 CrPC (or Section 435 B.N.S. 2023).

Legislation cited

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.894 of 2013
                      Arising Out of PS. Case No.-267 Year-2008 Thana- GORAUL District- Vaishali
                 ======================================================
                 Sovit Rai S/O Late Nusan Rai @ Late Musan Rai Resident Of Village -
                 Salempur Dumaria, P.S. - Goraul, District - Vaishali

                                                                                  ... ... Appellant/s
                                                       Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Satya Prakash Sinha
                 For the Respondent/s    :        Mr.S.B.Vermaapp
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   26-03-2026              Perused the Letter No.169 dated 11.02.2026 of the

                   Superintendent of Police, Vaishali along with the report of ASI

                   cum SHO, Kathara police station dated 10.02.2026, wherein it

                   is indicated that during enquiry, it came to light that the sole

                   appellant Sovit Rai, has died. Certificate of death issued by Up-

                   Mukhiya of Gram Panchayat Raj-Rasulpur Fateh, Block-Chehra

                   Kala (Vaishali) has also been enclosed with the said report.

                            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
           Patna High Court CR. APP (DB) No.894 of 2013(4) dt.26-03-2026
                                                       2/2




                     disposed of.

                               3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                                             (Sangam Kumar Sahoo, CJ)



                                                                 (Harish Kumar, J)

ranjan/-

U


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