Patna High Court
BAHADUR MANDAL @ JAY PRAKASH MANDALversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed of because the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Bahadur Mandal, filed a criminal appeal which was pending when he died. The Superintendent of Police and the SHO submitted reports confirming his death, along with a death certificate. The court examined these documents and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for leave to continue. Since no relative filed such an application, the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back to the lower court.
Issues considered
- Whether a criminal appeal stands abated on the death of the appellant under Section 394 CrPC (or Section 435 B.N.S. 2023) when no near relative seeks leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- appeal abatement
- death of appellant
- Section 394 CrPC
- Section 435 B.N.S. 2023
- criminal procedure
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.390 of 1998
======================================================
Bahadur Mandal @ Jay Prakash Mandal, Son of Satya Narain Mandal,
Resident of Village and P.O. Arajpur, Police Station-Chausa, in the District of
Madhepura.
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anjani Kumar, Advocate
For the Respondent/s : Mr. Satyanarayan Prasad, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 26-05-2026 Perused the Letter No. 743 dated 16.05.2026 of the
Superintendent of Police, Purnea along with the report of
S.H.O., Chausa Police Station, Madhepura dated 09.05.2026,
wherein it is indicated that during enquiry it came to light that
the sole appellant Bahadur Mandal @ Jay Prakash Mandal has
died. Certificate of death of the appellant issued by Mukhiya of
Gram Panchayat Raj, Arajpur East, Block-Chausa, Madhepura
has also been enclosed with the said reports.
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
Patna High Court CR. APP (DB) No.390 of 1998(5) dt.26-05-2026
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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