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Patna High Court

RAMA NAND SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

Both criminal appeals were held to be abated due to the death of the respective appellants.

Summary

The Patna High Court considered two criminal appeals, one involving Kedar Rai and co‑accused and another by Rama Nand Sah, both against the State of Bihar. The court received reports and death certificates confirming that appellant Ram Shreshth Rai had died three years earlier and that appellant Rama Nand Sah had died in 2009, leading the court to determine that the respective appeals could no longer be pursued. The court also noted that the paper‑books of the trial court records submitted by the office were illegible, emphasizing the need for clear, certified, and typed copies for proper adjudication. Consequently, the court directed the office to prepare a typed, certified copy of the paper‑book within twelve weeks. The appeal concerning Ram Shreshth Rai was abated, and the appeal filed by Rama Nand Sah was also abated and the file was de‑tagged and consigned to the record room.

Issues considered

  • Whether a criminal appeal stands abated upon the death of the appellant.
  • Whether the trial court paper‑books submitted for hearing must be legible and certified.

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • paper‑book legibility
  • procedural compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.113 of 1997
                 ======================================================
                 Kedar Rai And Ors

                                                                         ... ... Appellant/s
                                                  Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                                                   with
                              CRIMINAL APPEAL (DB) No. 117 of 1997
                 ======================================================
                 Rama Nand Sah

                                                                         ... ... Appellant/s

                                                  Versus

                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (DB) No. 113 of 1997)
                 For the Appellant/s  :    Mr. Kaushal Kumar Jha, Advocate
                 For the Respondent/s :    Mr. APP
                 (In CRIMINAL APPEAL (DB) No. 117 of 1997)
                 For the Appellant/s  :    Mr. Chandrika Pd. Singh, Advocate
                 For the Respondent/s :    Mr. APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

7   15-04-2026                Re. Cr. Appeal (DB) No.113 of 1997

                              Pursuant to the order dated 12.03.2026, the Senior

                   Superintendent of Police, Muzaffarpur, submitted a report dated

                   08.04.2026 based on the report dated 07.04.2026 of S.I.

                   Ahiyapur Police Station apprising this Court that appellant no.1,

                   Kedar Rai is alive; appellant no.2, Mahendra Chaudhary is not
Patna High Court CR. APP (DB) No.113 of 1997(7) dt.15-04-2026
                                            2/3




          traceable and appellant no.3, Ram Shreshth Rai had died about

          three years back. The death certificate of the appellant no.3,

          Ram Shreshth Rai, has also been enclosed along with the report

          dated 08.04.2026.

                       2. In view of the above, the instant criminal appeal so

          far as appellant no.3, Ram Shreshth Rai, is concerned, stands

          abated.

                       3. It is pointed out that office has prepared photostat

          copy of paper-book, which are not readable.

                       4. This Court is of the view that paper-books, which

          are prepared and placed by the office concerned before the High

          Court for final hearing of criminal appeals must be clear, legible

          and readable for proper adjudication and appreciation of

          evidences. The correctness of paper-books must also be certified

          and counter signed by the authority concerned prior to placing

          the same before the Courts.

                       5. Accordingly, office concerned is directed to prepare

          typed copy of paper-book of trial Court records within twelve

          weeks. The correctness of the paper book shall be duly certified

          by the typist and countersigned by the Section Officer and

          Assistant Registrar of criminal appeal section.

                       6. Let this matter be listed on 15.07.2026.
              Patna High Court CR. APP (DB) No.113 of 1997(7) dt.15-04-2026
                                                          3/3




                                     Re. Cr. Appeal (DB) No. 117 of 1997

                                     7. Pursuant to the order dated 12.03.2026, learned

                        APP appearing on behalf of the State has produced a report

                        dated 12.04.2026 of the Senior Superintendent of Police,

                        Muzaffarpur, apprising this Court that the sole appellant, Rama

                        Nand Sah, has died on 06.01.2009. The death certificate of

                        appellant Rama Nand Sah dated 07.01.2009 has also been

                        enclosed along with the said report, which is taken on record.

                                     8. In view of the above, the instant criminal appeal

                        bearing Cr. Appeal (DB) No. 117 of 1997 against the appellant

                        Rama Nand Sah stands abated.

                                     9. The file of Cr. Appeal (DB) No. 117 of 1997 be de-

                        tagged with the Cr. Appeal (DB) No.113 of 1997 and consigned

                        to the record room.



                                               (Sanjay Kumar Singh , J)


                                                 (Sourendra Pandey, J)
manoj/-

U         T


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