Patna High Court
ALAKHDEO YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of under the applicable statutory provision.
Summary
The appellant, Alakhdeo Yadav, died while his criminal appeal was pending before the Patna High Court. The court received a police report confirming his death and noted that no near relative had filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal abates if the appellant dies and no relative seeks its continuation. Consequently, the court held that the appeal stands abated and ordered its disposal. The trial court record was directed to be sent back to the concerned lower court.
Issues considered
- What is the effect on a pending criminal appeal when the appellant dies and no relative applies for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.99 of 2012
Arising Out of PS. Case No.-88 Year-2008 Thana- RAJAOLI District- Nawada
======================================================
Alakhdeo Yadav S/O Musafir Yadav Resident Of Village- Sohda, P.S.-
Rajauli, District- Nawada
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Awadhesh Kumar, Advocate
For the Respondent/s : Mr.A.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 11-05-2026 Perused the Letter No. 469 dated 02.05.2026 of the
Superintendent of Police, Nawada along with the report dated
08.02.2026 of the Police Inspector-cum-S.H.O., Rajauli P.S.,
Nawada, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Alakhdeo Yadav, is dead
and the death certificate of the appellant is annexed with the
said report.
2. In view of the said reports 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.99 of 2012(10) dt.11-05-2026
2/2
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)
guddukr/-
U T
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