Kamal Yadav v. the State of Bihar
Case brief
What is this about?
Kamal Yadav v. State of Bihar, Patna High Court, Criminal Appeal (DB) No. 441 of 2011, decided 15-05-2026: sole appellant died during pendency; no near relative applied for leave to continue the appeal; appeal abated and disposed of under Section 394 CrPC 1973 / Section 435 BNSS 2023; trial court records directed to be returned. Keywords: abatement, death of sole appellant, leave to continue appeal, S. 394 CrPC, S. 435 BNSS.
What did the court decide?
Since the sole appellant Kamal Yadav is dead and no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated and disposed of in view of Section 394 of the Code of Criminal Procedure, 1973, corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. ¶16