Patna High Court

NARESH MAHTOversusTHE STATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative applied for leave to continue the appeal.

Summary

The appellant, Naresh Mahto, filed a criminal appeal (DB) No.1211 of 2011 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported 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 no near relative applies for leave to continue it. No relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative 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.1211 of 2011
                     Arising Out of PS. Case No.-21 Year-2009 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 NARESH MAHTO S/O Shibu Mahto @ Sheo Nandan Mahto Resident Of
                 Village- Bara Bigha , P.S.- Noorsarai, District- Nalanda.


                                                                                 ... ... Appellant/s
                                                      Versus
                 THE STATE OF BIHAR


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Md.Imteyaz Ahmad, Advocate
                 For the Respondent/s    :       Mr. Lala Kailash Bihari Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                    Perused the Letter No. 381 dated 12.02.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   09.02.2026 of the S.H.O, Noorsarai Police Station, Nalanda,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant, namely, Naresh Mahto, 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.1211 of 2011(3) dt.24-04-2026
                                                     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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