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Patna High Court

AMAR NATH MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative filed an application for leave to continue under the applicable statutory provision.

Summary

The appellant, Amar Nath Mahto, died before the conclusion of his criminal appeal. The court examined letters and reports confirming his death. 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 unless a near relative files an application for leave to continue. No such application was filed. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative for leave to continue the appeal

Legislation cited

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.311 of 1997
                 ======================================================
                 Amar Nath Mahto, son of Late Prayag Mahto, resident of Village- Katholia,
                 P.S.- Rahui, District- Nalanda.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Advocate
                 For the Respondent/s   :     Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   14-05-2026                 Perused the Letter No.1044, dated 03.05.2026 of the

                   Superintendent of Police, Nalanda along with the Report dated

                   30.04.2026 of Sub-Inspector of Police, Rahui Police Station as

                   well as the Report dated 30.04.2026 of the Sarpanch of Gram

                   Panchayat Raj, Mai Farida, Prakhand- Rahui, Nalanda, wherein

                   it is indicated that the sole appellant, namely, Amar Nath Mahto,

                   is dead.

                               2. In view of the said letters 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.311 of 1997(3) dt.14-05-2026
                                                         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)
uday/-

U        T


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