Patna High Court
MANGAL MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal is abated and disposed as the appellant died and no near relative applied for leave to continue.
Summary
The appellant, Mangal Mahato, filed a criminal appeal which was pending before the Patna High Court. During the pendency, the appellant died, as confirmed by a death certificate and police reports. The court examined whether the appeal could continue in the absence of the appellant and without any application by a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no near relative seeks leave to continue it. Consequently, the appeal was abated and the case was disposed of, with the trial court records to be returned to the lower court.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue?
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.987 of 2009
======================================================
Mangal Mahato, Son of Rambrikha Mahato, Resident of Village-Harinagar
(Harna), Police Station-Goradih, District-Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhola Prasad, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 12-05-2026 Perused the Letter No. 962 dated 06.05.2026 of the
Senior Superintendent of Police, Bhagalpur along with the
report of Police Inspector cum S.H.O., Goradih Police Station
dated 04.05.2026, wherein it is indicated that during enquiry it
came to light that the sole appellant Mangal Mahato has died.
Certificate of death of the appellant issued by Sarpanch of Gram
Kachahari, Tarcha Damuchak, Block-Goradih, Bhagalpur has
also been enclosed with the said report.
2. In view of the said letters 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.987 of 2009(8) dt.12-05-2026
2/2
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
ranjan/-
U
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