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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — 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.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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