Patna High Court

RAM AWATAR MAHTOversusTHE STATE OF BIHAR

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

Holding

The criminal appeal stands abated and is disposed of due to the death of the sole appellant without any application by a near relative.

Summary

The appellant, Ram Awatar Mahto, filed a criminal appeal (Cr. App. DB No.1247 of 2011) before the Patna High Court. During the pendency of the appeal, the Supreme Court learned from a police letter and report that the sole appellant had died. No near relative 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 cannot proceed in the absence of a party or a representative. Consequently, the Court held that the appeal stands abated and is disposed of. The trial court record was directed to be sent back to the concerned court.

Issues considered

What is the effect on a criminal appeal when the sole appellant dies and no relative applies 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.1247 of 2011
                     Arising Out of PS. Case No.-21 Year-2009 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 RAM AWATAR MAHTO S/O Late Sri Mahto Resident Of Village- Barbigha,
                 Post Office- Bada Khurd, Police Station- Noorsarai, District- Nalanda.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Arshad Jameel Hashmi, Advocate
                 For the Respondent/s    :       Mr. S.N. Pd. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   01-05-2026                    Perused the Letter No. 384 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, Ram Awatar 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.1247 of 2011(3) 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

Continue reading with your account

Checking your session…