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Patna High Court

HARIHAR MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Harihar Mahto, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced. The court examined the police reports confirming the death and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bhartiya Nagarik Suraksha Sanhita, 2023), the court held that the appeal could not proceed. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the lower court.

Issues considered

  • The appeal can continue after the death of the appellant without an application by a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.594 of 2006
                 ======================================================
                 Harihar Mahto S/o Late Nathu Mahto, R/o- Jagirha, Post- Pipra (Narangiya),
                 P.S.- Yogipatti, West Champaran.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :     Mr. Rajesh Kumar, Advocate
                 For the Respondent/s    :     APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   13-05-2026                          Perused the report dated 12.05.2026 of the

                   Superintendent of Police, West Champaran, Bettiah along with

                   the report dated 02.05.2026 of the S.H.O., Yogipatti P.S.,

                   wherein it is indicated that during enquiry, it came to light that

                   the sole appellant, namely, Harihar 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.594 of 2006(7) dt.13-05-2026
                                                        2/2




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



                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
shailendra/-

U       T


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