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Patna High Court

RAM SHOBHIT MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as no near relative applied for leave to continue it.

Summary

The appellant, Ram Shobhit Mahto, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the relevant provisions of Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023). It held that in the absence of an application by a near relative for leave to continue the appeal, the appeal must be abated. Consequently, the court ordered the appeal to be disposed of and directed the trial court record to be sent back. The order was pronounced by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Can a criminal appeal proceed after the death of the appellant when no near relative files an application for leave to continue the appeal?

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • section 394 CrPC
  • section 435 BNSS 2023
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.502 of 1999
                 ======================================================
                 Ram Shobhit Mahto, S/o Ram Binod Mahto, R/o Village Harichak, P.S.
                 Bhagwanpur, District-Begusarai.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Nand Kishore Prasad Singh, Adv.
                 For the Respondent/s   :     Mr. Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   11-05-2026                 Perused the Letter No. 1241 dated 04.05.2026 of the

                   Superintendent of Police, Begusarai along with the report dated

                   04.05.2026 of S.H.O. Bhagwanpur P.S. wherein it is indicated

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

                   namely, Ram Shobhit Mahto, is dead and the death certificate of

                   the appellant is annexed with the said report.

                               2. In view of the said reports as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bhartiya 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.

                               3. Let the trial court record be sent back to the
              Patna High Court CR. APP (DB) No.502 of 1999(7) dt.11-05-2026
                                                          2/2




                        concerned court immediately, if not required in any other cases.



                                             (Sangam Kumar Sahoo, CJ)


                                                    ( Harish Kumar, J)
rohit/-

U         T


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