Patna High Court

MAHESH MAHTOversusTHE STATE OF BIHAR

Decided: 1 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant Mahesh Mahto filed a criminal appeal (DB) No.1217 of 2011 before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Superintendent of Police. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC (or Section 435 B.N.S. 2023).

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.1217 of 2011
                   Arising Out of PS. Case No.-336 Year-2005 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 MAHESH MAHTO S/O Indra Mahto Resident Of Village- Dharampur, P.S.-
                 Town, District- Samastipur.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rakesh Kumar, Advocate
                 For the Respondent/s    :        Mr. G.P.Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   01-05-2026                    Perused the Letter No. 211 dated 16.02.2026 of the

                   Superintendent of Police, Samastipur along with the Report

                   dated 13.02.2026 of the Police Inspector-cum-S.H.O, Town

                   Police Station, Samastipur, wherein it is indicated that during

                   enquiry it came to light that the sole appellant, namely, Mahesh

                   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.1217 of 2011(5) dt.01-05-2026
                                                     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)
Neha/-

U

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