Created by Fuzzy Cloud

Patna High Court

KHOKHAI MAHTO @ KOKAI MAHTOversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of because the appellant is dead and no near relative filed an application for leave to continue.

Summary

The appellant, Khokhai Mahto, died as confirmed by police reports. The High Court examined the reports and noted that under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed unless a near relative files an application for leave to continue. No such application was filed. Consequently, the Court held that the criminal appeal stands abated and ordered its disposal. The trial court record was to be sent back to the concerned court. The order was delivered by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal

Legislation cited

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.892 of 2010
                 ======================================================
                 Khokhai Mahto @ Kokai Mahto, son of Late Jokhan Mahto, resident of
                 Village- Pali Noniya Tola, P.S. Ghanshyampur, District- Darbhanga
                                                                              ... ... Appellant
                                                     Versus
                 The State of Bihar
                                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant        :     Mr. Ganesh Chandra Thakur, Advocate
                 For the Respondent       :     Mr.L.K.B.Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE HARISH KUMAR
                                                ORAL ORDER
                                (Per: HONOURABLE THE CHIEF JUSTICE)


5   08-05-2026                  Perused the report dated 02.05.2026 of the Senior

                   Superintendent of Police, Darbhanga along with the report dated

                   01.05.2026 of the S.H.O., Ghanshyampur Police Station,

                   Darbhanga, which indicate that the sole appellant Khokhai

                   Mahto @ Kokai Mahto is dead.

                                2. In view of the said report 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.892 of 2010(5) dt.08-05-2026
                                                       2/2




                     disposed of.

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

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



                                          (Sangam Kumar Sahoo, CJ)


                                                 (Harish Kumar, J)
P.K.P./-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.