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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
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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