Patna High Court
Bankey Choudhary and Ors.versusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellants are dead and no near relative has applied for leave to continue.
Summary
The appellants Bankey Choudhary, Sita Yadav and Ram Briksh Yadav were found to be deceased during the pendency of their criminal appeal against the State of Bihar. The court examined a letter from the Superintendent of Police and a police report confirming their deaths. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased and no near relative applies for leave to continue under Section 394 CrPC/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
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.900 of 2012
Arising Out of PS. Case No.-103 Year-1987 Thana- BIHAR District- Nalanda
======================================================
1. Bankey Choudhary and Ors. S/O Late Rohan Choudhary Resident Of
Village- Basak Saidi, P.S.- Rahui, District- Nalanda
2. Sita Yadav S/O Late Bundi Yadav Resident Of Village- Basak Saidi, P.S.-
Rahui, District- Nalanda
3. Ram Briksh Yadav S/O Late Gobardhan Yadav Resident Of Village-
Saidally, P.S.- Rahui, District- Nalanda
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar, Advocate
For the Respondent/s : Mr. A.K.Sinha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 24-04-2026 Perused the Letter No. 365 dated 12.02.2026 of the
Superintendent of Police, Nalanda along with the Report dated
10.02.2026 of the A.S.I.-cum-S.H.O, Rahui Police Station,
Nalanda, wherein it is indicated that during enquiry it came to
light that the appellants, namely, Bankey Choudhary, Sita Yadav
and Ram Briksh Yadav, are 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
Patna High Court CR. APP (DB) No.900 of 2012(4) dt.24-04-2026
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continue the appeal, the Criminal Appeal stands abated and
disposed of.
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)
Neha/-
U
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