Patna High Court

Bishwanath MahtoversusThe State Of Bihar

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated and is disposed of because the appellant is dead and no relative sought leave to continue.

Summary

The appellant, Bishwanath Mahto, filed a criminal appeal (DB) No.373 of 2014 before the Patna High Court. During the pendency of the appeal, the police informed the court that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is deceased and no near relative applies for leave to continue. No relative filed such an application. 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 when the appellant is deceased and no near 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
abatement
death of appellant
Section 394 CrPC
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.373 of 2014
                 Arising Out of PS. Case No.-170 Year-2008 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Bishwanath Mahto Son of Late Sita Ram Mahto Resident of Village -
                 Satwariya, P.S. - Sikarpur, District - West Champaran Bettiah

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   24-04-2026                    Perused the Letter No. 149 dated 09.02.2026 of the

                   Superintendent of Police, West Champaran (Bettiah) along with

                   the Report dated 07.02.2026 of the Police Inspector-cum-S.H.O,

                   Sikarpur Police Station, Bettiah, wherein it is indicated that

                   during enquiry it came to light that the sole appellant, namely,

                   Bishwanath 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.373 of 2014(4) dt.24-04-2026
                                                     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

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