Patna High Court
Sintu YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is dead and no near relative has applied for leave to continue.
Summary
The appellant, Sintu Yadav, filed a criminal appeal (DB) No.920 of 2014 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. 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 is deceased and no near relative files an application to continue it. No relative applied for leave to continue the appeal. 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 the appellant is deceased and no near relative applies for leave to continue the appeal
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.920 of 2014
Arising Out of PS. Case No.-13 Year-2012 Thana- KHARIK District- Bhagalpur
======================================================
1. Sintu Yadav Son of Bindeshwari Yadav Resident of Village - Dhorhiya, P.S -
Kharik, District Bhagalpur.
... ... Appellant/s
Versus
1. The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Davendra Kumar Pandey, Advocate
For the Respondent/s : Mr. Mayanand Jha, A.P.P.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 01-05-2026 Perused the Letter No. 87 dated 09.02.2026 of the
Superintendent of Police, Naugachia along with the Report
dated 06.02.2026 of the S.H.O, Nadi Police Station, Bhagalpur,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Sintu Yadav, 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.920 of 2014(4) dt.01-05-2026
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)
Neha/-
U
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