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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

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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