Patna High Court
ARVIND KUMAR MAHTONversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application to continue it after the appellants' deaths.
Summary
The appeal was filed by three deceased appellants—Arvind Kumar Mahton, Ashok Jha, and Ram Balak Rai—against the State of Bihar. The court examined letters and reports confirming the deaths of the appellants. Under Section 394 of the Code of Criminal Procedure, 1973 (mirroring Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative applies to continue it. No near relative filed such an application. Consequently, the court held that the criminal appeal stands abated and ordered its disposal, directing the trial court records to be returned.
Issues considered
- Whether a criminal appeal can continue when all appellants are deceased
- Whether the absence of an application by a near relative mandates abatement of the appeal under Section 394 CrPC/Section 435 B.N.S.
- Whether the trial court records should be returned after abatement
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.38 of 2003
======================================================
1. Arvind Kumar Mahton, Son of Late Rameshwar Jha.
2. Ashok Jha, Son of Ram Prakash Jha.
3. Ram Balak Rai, Son of Baldeo Rai.
All resident of Village-Bardaha, P.S.-Khodawandpur, District-Begusarai.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manohar Pd.Singh, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 08-05-2026 Perused the Letter No. 1116 dated 30.04.2026 of the
Superintendent of Police, Begusarai, along with the Report
dated 30.04.2026 of the S.H.O., Chohari Police Station,
Begusarai, as well as the Death Certificates of Arvind Kumar
Mahton and Ram Balak Rai, issued by the Department of
Planning and Development, Government of Bihar, wherein it
has been indicated that during enquiry, it came to light that the
appellants, namely, Arvind Kumar Mahton, Ashok Jha and Ram
Balak Rai, are dead.
2. In view of the said letters and also in view of
Section 394 of the Code of Criminal Procedure, 1973,
corresponding to Section 435 of the Bharatiya Nagarik Suraksha
Patna High Court CR. APP (DB) No.38 of 2003(4) dt.08-05-2026
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Sanhita, 2023, and since no near relative has filed any
application seeking leave to continue the appeal, the Criminal
Appeal stands abated and is accordingly disposed of.
3. Let the trial court records be sent back to the
concerned court forthwith, if not required in connection with
any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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