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Patna High Court

Baidyanath MahtoversusThe State Of Bihar

Decided
Disposal
ABATED

Holding

The criminal appeal is abated and disposed of because the appellant is dead and no near relative has applied for leave to continue the appeal.

Summary

The appellant, Baidyanath Mahto, filed a criminal appeal (DB) No.998 of 2012 before the Patna High Court. During the pendency of the appeal, the Superintendent of Police reported that the appellant had died. The Court examined the report and considered Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides that an appeal is abated if the appellant dies and no near relative applies for its continuation. Since no relative filed such an application, the Court held that the appeal stands abated. Consequently, the appeal was disposed of and the trial court records were ordered to be sent back to the trial court.

Issues considered

  • What is the effect of the appellant's death on a pending criminal appeal when no near relative seeks its continuation?

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.998 of 2012
                   Arising Out of PS. Case No.-27 Year-2004 Thana- EKANGARSARAI District- Nalanda
                 ======================================================
                 Baidyanath Mahto S/O Late Girdhari Mahto R/O Vill-Parthu, P.S.-Ekangar
                 Sarai, Distt-Nalanda

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Rajendra Kumar, Sr. Advocate
                                                 Mr. Pramod Kumar, Advocate
                                                 Mr. Ritesh Kumar, Advocate
                                                 Mr. Dhirendra Kumar, Advocate
                 For the State          :        Mr. D.K.Sinha, A.P.P.
                 For the Respondent/s   :        Mr. Sunil Kumar, Advocate
                                                 Mr. Ranjeet Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   13-03-2026                     Perused the Letter No. 325 dated 11.02.2026 of the

                   Superintendent of Police, Nalanda, along with Memo No. 537 of

                   2026 dated 09.02.2026 of the S.H.O., Ekangarsarai Police

                   Station, Nalanda, wherein it is indicated that during the enquiry

                   it came to light that the sole appellant, namely, Baidyanath

                   Mahto, is dead.

                                2. In view of the said report and Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   and since no near relative has filed any application seeking
         Patna High Court CR. APP (DB) No.998 of 2012(5) dt.13-03-2026
                                                     2/2




                   leave to continue the appeal, the Criminal Appeal stands abated

                   and is disposed of accordingly.

                                3. Let the Trial Court Records be sent back to the

                   concerned Trial Court.



                                        (Sangam Kumar Sahoo, CJ)


                                               (Harish Kumar, J)
Neha/-

U


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