Patna High Court

MAHESH SAHNIversusTHE STATE OF BIHAR

Decided: 24 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant Mahesh Sahni filed a criminal appeal (DB) No.603 of 2009 before the Patna High Court. During the pendency of the appeal, the police reported that the appellant had died. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant is dead and no near relative applies for leave to continue it. No near relative filed such an application. Consequently, the Court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative under Section 394 CrPC.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
Code of Criminal Procedure, 1973 — s. 394

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.603 of 2009
                 ======================================================
                 Mahesh Sahni, S/o Late Jhagru Sahni, R/o Village- Chand Parna, P.S.-
                 Minapur, District-Muzaffarpur.


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


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Ravi Ranjan, Advocate
                 For the Respondent/s   :     Mr. A.K.Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

7   24-04-2026                    Perused the Letter No. 406 dated 25.02.2026 of the

                   Senior Superintendent of Police, Muzaffarpur along with the

                   Report dated 25.02.2026 of the Police Inspector-cum-S.H.O,

                   Minapur Police Station, Muzaffarpur, wherein it is indicated that

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

                   Mahesh Sahni, is dead.

                               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

                   disposed of.
         Patna High Court CR. APP (DB) No.603 of 2009(7) dt.24-04-2026
                                                     2/2




                                3. Let the trial court record be sent back to the

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



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U

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