Patna High Court

SAHEB MANDALversusTHE STATE OF BIHAR and ANR

Decided: 12 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of as no application for leave to continue was filed after the appellant's death.

Summary

The appellant Saheb Mandal filed a criminal appeal (DB) No.105 of 2011 before the Patna High Court. During the pendency of the appeal, the Senior Superintendent of Police reported that the sole appellant had died. The Court examined the report and, relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), noted that no near relative had applied for leave to continue the appeal. Consequently, the Court held that the appeal could not proceed and was abated. The trial court records were ordered to be sent back to the lower court, and the appeal was disposed of.

Issues considered

Whether a criminal appeal can continue after the death of the sole appellant in the absence of an application by a near relative for leave to proceed

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Criminal Procedure Code — 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.105 of 2011
                 ======================================================
                 Saheb Mandal, Late Parmeshwar Mandal, R/O Vill.-Chaichak, Mamlakha,
                 P.S.-Sabour, Dist.-Bhagalpur

                                                                          ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar.
           2.    Mritunjaya Mandal, Son of Late Bhagwan Mandal R/O,Vill.-Masarhu, P.S.-
                 Sabour, Dist.-Bhagalpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Sanjay Kumar Jha, Advocate
                 For the Respondent/s   :     Mr.Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   12-05-2026                 Perused the Letter No. 960 dated 06.05.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of S.H.O., Sabour Police Station, Bhagalpur dated

                   05.05.2026, wherein it is indicated that during enquiry it came

                   to light that the sole appellant Saheb Mandal has died.

                               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.105 of 2011(4) dt.12-05-2026
                                                       2/2




                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U

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