Patna High Court

JANARDAN MAHTOversusSTATE OF BIHAR

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

Holding

The appeal stands abated and is disposed of under the applicable statutory provision.

Summary

The appellant, Janardan Mahto, filed a criminal appeal (DB) No.786 of 2004 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter, an SHO report, and a death certificate issued by the Department of Economics & Statistics, Government of Jharkhand. The Court examined the effect of the appellant’s death on the pending appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that an appeal abates if the appellant dies and no near relative files an application for leave to continue. Consequently, the appeal was abated and disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal stands abated upon the death of the appellant when no near relative applies for leave to continue the appeal?

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
Section 435 Bharatiya Nagarik Suraksha Sanhita
Procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.786 of 2004
                 ======================================================
                 Janardan Mahto S/O Late Badri Mahto, R/O Village- Hemjapur, P.S.-
                 Dharhara, District-Munger.

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

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

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   24-04-2026                   Perused the Letter No. 157 dated 12.02.2026 of the

                   Superintendent of Police, Munger, along with the Report dated

                   09.02.2026 of the S.H.O., Hemjapur Police Station, as well as

                   the Death Certificate, which was issued by the Department of

                   Economics & Statistics, Government of Jharkhand; wherein it is

                   indicated that during enquiry it came to light that the sole

                   appellant, namely, Janardan 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

                   disposed of.
         Patna High Court CR. APP (DB) No.786 of 2004(3) 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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