Patna High Court
BABUNAND MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated and is disposed of due to the appellant's death and the absence of an application by a near relative.
Summary
The appellant, Babunand Mahto, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as confirmed by a death certificate issued by the Gram Panchayat Mukhiya. No near relative filed an application for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that in the absence of such an application, the appeal must be abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.
Issues considered
- The appeal can continue after the death of the appellant without a relative filing an application for leave to continue.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- CrPC Section 394
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.546 of 1997
======================================================
Babunand Mahto Son of Late Jairam Mahto, Resident of Village-Pujhan
Patjirwa Koiree Tola, P.S.- Bariya, District-West Champaran (Bettiah).
... ... Appellant/s
Versus
State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bipin Kumar Sinha, Advocate
For the Respondent/s :
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 01-05-2026 Perused the Letter No. 162 dated 09.02.2026 of the
Superintendent of Police, West Champaran (Bettiah) along with
the report of SHO, Shrinagar Pujha dated 09.02.2026, wherein it
is indicated that during enquiry it came to light that the sole
appellant Babunand Mahto, has died. Certificate of death issued
by Mukhiya of Gram Panchayat Raj, North Patjirwa, P.S.
Shrinagar (Pujha) (Kaimur) has also been enclosed with the said
report.
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
Patna High Court CR. APP (DB) No.546 of 1997(6) dt.01-05-2026
2/2
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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