Patna High Court

RAM NARESH MAHTOversusSTATE OF BIHAR

Decided: 10 April 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

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

Summary

The appellant, Ram Naresh Mahto, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (now mirrored by Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal may be abated if the appellant dies and no near relative applies for leave to continue. 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 (now Section 435 B.N.S. 2023).

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.730 of 2004
                 ======================================================
                 Ram Naresh Mahto, Son of Late Chandrika Mahto, Resident of Mohalla-
                 Lakhanudarai, P.S.-Sasaram Town, District-Rohtas.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Mahendra Pd.Gupta, Advocate
                 For the Respondent/s   :     Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   10-04-2026                   Perused the Letter No. 561 dated 09.04.2026 of the

                   Superintendent of Police, Rohtas along with the Report dated

                   08.02.2026 of Police Inspector-cum-S.H.O, Sasaram Town,

                   Police Station, Rohtas as well as the Death Certificate, which

                   was issued by the Department of Planning and Development,

                   Government of Bihar; wherein it is indicated that during enquiry

                   it came to light that the sole appellant, namely, Ram Naresh

                   Mahto, 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
         Patna High Court CR. APP (DB) No.730 of 2004(6) dt.10-04-2026
                                                     2/2




                   disposed of.

                                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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