Patna High Court
Mithilesh Kumar SaoversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no relative applied for leave to continue it.
Summary
The appellant, Mithilesh Kumar Sao, filed a criminal appeal (DB) No.86 of 2013 before the Patna High Court. During the pendency of the appeal, the appellant died, and a death certificate was produced. No near relative filed an application for leave to continue the appeal. Pursuant to 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 a petition by a relative, the appeal cannot proceed. Consequently, the court ordered that the criminal appeal stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- What is the effect on a criminal appeal when the appellant dies and no relative seeks leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.86 of 2013
Arising Out of PS. Case No.-117 Year-2008 Thana- PATLIPUTRA District- Patna
======================================================
Mithilesh Kumar Sao S/O Ram Lakhan Prasad Sah Resident Of Village-
Khadiha, P.S.- Parsa Bazar, District- Patna
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr.Ajay Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2026 Perused the Letter No. 434 dated 13.02.2026 of the
Senior Superintendent of Police, Patna along with the report
dated 11.02.2026 of the Member, Panchayat Smiti, Khadiha,
wherein it is indicated that during enquiry it came to light that
the sole appellant, namely, Mithilesh Kumar, 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 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.86 of 2013(4) dt.11-05-2026
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)
guddukr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.