Patna High Court

Jamuna Mahto @ Jamuna Prasad SinghversusThe State Of Bihar

Decided: 27 February 2026
Disposal: ABATED
Bench: THE CHIEF JUSTICE NAWNEET KUMAR PANDEY

Holding

The appeal stands abated and is disposed of.

Summary

The appellant, Jamuna Mahto, filed a criminal appeal (DB) No.984 of 2012. During the pendency of the appeal, the appellant died, as confirmed by a death certificate attached to a police report. The court 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 may be abated if the appellant is deceased and no near relative files an application to continue it. No relative applied for leave to proceed. Consequently, the court held that the appeal stands abated and ordered its disposal.

Issues considered

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

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
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.984 of 2012
                    Arising Out of PS. Case No.-27 Year-2004 Thana- EKANGARSARAI District- Nalanda
                  ======================================================
                  Jamuna Mahto @ Jamuna Prasad Singh S/O Late Girdhari Mahto R/O Village
                  - Parthu, P.S. - Ekangar Sarai, Distt. - Nalanda


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


                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Rewti Kant Raman, Advocate
                  For the Respondent/s   :        Mr. A.Sharmaapp, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

13   27-02-2026                     Perused the Letter No.324 dated 11.02.2026 of the

                    Superintendent of Police, Nalanda along with the Memo No.

                    536 of 2026 dated 09.02.2026 of the S.H.O., Akangar Sarai

                    wherein it is indicated that during enquiry it came to light that

                    the sole appellant, namely, Jamuna Mahto @ Jamuna Prasad

                    Singh, is dead and a copy of the death certificate of the

                    appellant has been annexed with the said report.

                                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
            Patna High Court CR. APP (DB) No.984 of 2012(13) dt.27-02-2026
                                                        2/2




                      continue the appeal, the Criminal Appeal stands abated and

                      disposed of.



                                                    (Sangam Kumar Sahoo, CJ)


                                                  ( Nawneet Kumar Pandey, J)
guddukr/-

U      T

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