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
- 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.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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