Patna High Court
LAL BIHARI YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of as the appellant is deceased and no near relative filed an application for leave to continue the appeal under Section 394 CrPC.
Summary
The appellant, Lal Bihari Yadav, filed a criminal appeal (DB) No.984 of 2011 against the State of Bihar. During the pendency of the appeal, the Superintendent of Police and the S.H.O. submitted reports and a death certificate confirming 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 dead and no near relative applies for leave to continue the appeal. No such application was filed by any near relative. Consequently, the High Court held that the appeal stands abated and disposed of, and directed the trial court record to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant
- Whether Section 394 CrPC (or its counterpart Section 435 B.N.S. 2023) mandates abatement of the appeal in the absence of an application by a near relative
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — 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.984 of 2011
======================================================
Lal Bihari Yadav, S/O Sushil Pd. Yadav, Resident Of Village- Devandih, P.S.
Belhar, Distt.- Banka.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Subhash Kumar Jha, Adv.
For the Respondent/s : Mr. D. K. Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 14-05-2026 Perused the Letter No. 979 dated 11.05.2026 of the
Superintendent of Police, Banka, along with the report dated
08.05.2026 of S.H.O., Belhar P.S., Banka, as well as the
certificate of death issued by Mukhiya, Gram Panchayat-
Hathiyadadha, Block- Belhar (Banka), wherein it is indicated
that during enquiry it came to light that the sole appellant,
namely, Lal Bihari Yadav, 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.
Patna High Court CR. APP (DB) No.984 of 2011(5) dt.14-05-2026
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)
supratim/-
U T
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