Disposed¶10

Ram Lal Mahto v. State of Bihar

Patna HC11 May 2026CR. APP (DB)/687/2002

Case brief

AI extract

What is this about?

Keywords: abatement of appeal on death of sole appellant; no near relative seeking leave to continue appeal; Section 394 CrPC 1973; Section 435 Bharatiya Nagarik Suraksha Sanhita 2023; return of trial court record; Ram Lal Mahto; Dasal Mahto; Barun Police Station; Aurangabad; Kanchanpur; State of Bihar; Patna High Court; Criminal Appeal (DB) No.687 of 2002; CR. APP (DB) 687/2002; oral order dt. 11-05-2026; Sangam Kumar Sahoo, CJ; Harish Kumar, J; Bindeshwar Prasad Singh, Adv.

What did the court decide?

None; the appeal abated on the death of the sole appellant and was disposed of, with a direction to return the trial court record to the concerned court. ¶10

Ram Lal Mahto Vs State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the appeal abated on the death of the sole appellant and was disposed of, with a direction to return the trial court record to the concerned court.

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Issue for consideration

Whether, following reports of the death of the sole appellant and in the absence of any application by a near relative for leave to continue, the pending Criminal Appeal stands abated.

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Ratio / Principle

In view of the reports of death of the sole appellant and Section 394 of the Code of Criminal Procedure, 1973 (corresponding 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 disposed of.

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Key takeaways

The trial court record is to be sent back to the concerned court immediately, if not required in any other cases.ratio¶12

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (DB) No. 687 of 2002 (Ram Lal Mahto v. The State of Bihar) — oral order dated 11-05-2026 delivered Per Hon'ble the Chief Justice (Sangam Kumar Sahoo, CJ), bench comprising also Justice Harish Kumar. The Court perused Memo No. 1369 dated 04.05.2026 of the Superintendent of Police, Aurangabad, the report dated 02.05.2026 of the Inspector of Police-cum-S.H.O., Barun Police Station, and the Certificate of Death dated 05.08.2026 issued by the Mukhiya, Gram Panchayat-Kanchanpur, all indicating that the sole appellant, Ram Lal Mahto, was dead. Invoking Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noting that no near relative had filed any application for leave to continue the appeal, the Court held that the Criminal Appeal stands abated and disposed of, and directed that the trial court record be sent back to the concerned court immediately if not required in any other case. The merits of the underlying matter were not adjudicated; no precedent was engaged with.

Ram Lal Mahto v. State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Lal Mahto v. State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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