Patna High Court

PAKHEUE MANDALversusSTATE OF BIHAR

Decided: 8 May 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The appeal stands abated because the appellant is dead and no near relative applied for leave to continue.

Summary

The appellant, Pakheue Mandal, was found to be deceased as per police reports dated 28-04-2026 and 29-04-2026. The High Court examined whether a criminal appeal could proceed when the appellant is dead. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal is abated if no near relative files an application for leave to continue. Since no such application was filed, the Court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.

Issues considered

Whether a criminal appeal can continue when the appellant is deceased
Whether Section 394 CrPC (or Section 435 B.N.S.) mandates abatement of the appeal in the absence of an application by a near relative

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.946 of 2009
                 ======================================================
                 Pakheue Mandal, son of Ram Charan Mandal, Resident of Village- Ladaura,
                 P.S.- Kurni, District- Muzaffarpur
                                                                               ... ... Appellant
                                                      Versus
                 The State of Bihar
                                                                             ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant        :     Mr. Vinod Pandey, Advocate
                 For the Respondent       :     Mr.A.K.Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE HARISH KUMAR
                                                ORAL ORDER
                                (Per: HONOURABLE THE CHIEF JUSTICE)


3   08-05-2026                  Perused the report dated 29.04.2026 of the Senior

                   Superintendent of Police, Muzaffarpur along with the report

                   dated 28.04.2026 of the S.H.O., Turki Police Station,

                   Muzaffarpur, which indicate that the sole appellant Pakheue

                   Mandal 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.946 of 2009(3) 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)
shailendra/-

U

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.