Patna High Court
ARJUN MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
A criminal appeal abates and is disposed of when the sole appellant dies and no near relative seeks leave to continue the appeal under Section 394 CrPC/Section 435 BNSS 2023.
Summary
Arjun Mahto had filed Criminal Appeal (DB) No.129 of 1997 against the State of Bihar. While the appeal was pending, the appellant died, and a death certificate was produced by the police. The court examined the applicable provision, Section 394 of the Code of Criminal Procedure, 1973, now mirrored in Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the abatement of appeals upon the death of a sole appellant. No near relative filed an application seeking leave to continue the appeal. Consequently, the court held that the appeal could not proceed and was therefore abated. The trial court record was ordered to be sent back to the lower court, and the appeal was disposed of.
Issues considered
- Whether a criminal appeal stands abated upon the death of the sole appellant when no near relative applies for leave to continue the appeal under the relevant procedural provision.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- CrPC
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.129 of 1997
======================================================
Arjun Mahto, S/o Jamuna Mahto, R/o Village-Girdharpur, P.S. Birpur
(Barhia), District-Munger (now Lakhisarai)
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Indu Bhushan , Adv.
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 674 dated 06.05.2026 of the
Superintendent of Police, Lakhisarai along with the report dated
05.05.2026 of S.H.O. P.S. Virpur, Lakhisarai wherein it is
indicated that during enquiry, it came to light that the sole
appellant, namely, Arjun Mahto, is dead and the death certificate
of the appellant is annexed with the said report.
2. In view of the said reports as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bhartiya 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.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.129 of 1997(4) dt.11-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.