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