Patna High Court
ANIL @ SIPAHI MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
An appeal abates and is disposed of when the appellant dies and no near relative files an application for leave to continue, as mandated by Section 394 CrPC (now Section 435 B.N.S. 2023).
Summary
The appellant, Anil @ Sipahi Mahto, filed a criminal appeal (DB) No.25 of 1999 against the State of Bihar. While the appeal was pending, the Senior Superintendent of Police reported that the appellant had died, and a death certificate was produced. The court examined the report and noted that 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 if the appellant is deceased and no near relative files an application for leave to continue. Since no such application was filed, the court held that the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no near relative applies for leave to continue the appeal under the applicable procedural provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- procedural law
- Section 394 CrPC
- Section 435 B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.25 of 1999
======================================================
Anil @ Sipahi Mahto Son of Ishwar Chandra Mahto, Resident of Village-
Etwari Tola Arai, P.S. Sahjahanpur, District-Patna.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Nilesh Kumar, Advocate
Mr. Purushottam Kumar, Advocate
For the Respondent/s : Km. Shashi Bala Verma, APP
======================================================
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. 440 dated 13.02.2026 of the
Senior Superintendent of Police, Patna along with the report of
Police Inspector cum SHO, Shahjahanpur Than, Patna dated
09.02.2026, wherein it is indicated that during enquiry it came
to light that the sole appellant Anil @ Sipahi Mahto, has died.
Certificate of death issued by Up Sarpanch of Gram Panchayat
Raj-Sigariyawan, Block-Daniyawan, Patna has also been
enclosed with the said report.
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.25 of 1999(5) dt.01-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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