Patna High Court

RAJ KUMAR MAHTOversusSTATE OF BIHAR

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of under the provisions of Section 394 CrPC/Section 435 B.N.S.

Summary

The appellant, Raj Kumar Mahto, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, as reported by the Senior Superintendent of Police and the Police Inspector. The court examined whether the appeal could proceed in the absence of a filing by any near relative seeking leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if no near relative makes such an application. Consequently, the appeal was deemed abated and was disposed of without further hearing.

Issues considered

Can a criminal appeal continue after the death of the appellant when no near relative files an application for leave to continue?

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
Section 435 Bharatiya Nagarik Suraksha Sanhita
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.149 of 2003
                 ======================================================
                 Raj Kumar Mahto Son of Sri Indradeo Mahaton, Resident of Adarsh Laloo
                 Nagar Tilha Kothi, Police Station Tarapur, District Bhagalpur.


                                                                              ... ... Appellant/s
                                                     Versus
                 State of Bihar


                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Rajiv Kumar Verma, Sr. Advocate
                                                 Mr. Rajnessh, Advocate
                 For the State           :       Mr. Dilip Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   27-02-2026                     Perused the Letter No.318 dated 11.02.2026 of the

                   Senior Superintendent of Police, Bhagalpur along with the

                   report of Police Inspector cum SHO, Tatarpur police station,

                   Bhagalpur dated 09.02.2026, wherein it is indicated that during

                   enquiry it came to light that the sole appellant Raj Kumar

                   Mahto, has died.

                                  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
           Patna High Court CR. APP (DB) No.149 of 2003(4) dt.27-02-2026
                                                       2/2




                     continue the appeal, the Criminal Appeal stands abated and

                     disposed of.



                                                         (Sangam Kumar Sahoo, CJ)


                                                         (Nawneet Kumar Pandey, J)
ranjan/-

U

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