Patna High Court

BABU LAL MAHTOversusSTATE OF BIHAR

Decided: 28 January 2026
Disposal: ABATED
Bench: NANI TAGIA ANSUL

Holding

A criminal appeal abates when the sole appellant dies during its pendency.

Summary

Babu Lal Mahto filed a criminal appeal (DB) No.137 of 2000 before the Patna High Court. While the appeal was pending, the Superintendent of Police submitted a report confirming that the sole appellant had died on 17-12-2025. The court was required to determine the effect of the appellant's death on the pending criminal appeal. Applying the principle that a criminal appeal abates upon the death of the appellant, the court held that the appeal could not continue. Consequently, the appeal was declared abated and the matter was consigned to the record.

Issues considered

Does the death of a sole appellant during pendency of a criminal appeal result in the abatement of the appeal?

Subjects

criminal appeal
abeyance
death of appellant
procedural law
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.137 of 2000
                  ======================================================
                  BABU LAL MAHTO son of Late Deepa Mahto, resident of village
                  Barajairam, Tola Balua, P.S. Chairaiya, District East Champaran
                                                                               ... ... Appellant/s
                                                      Versus
                  STATE OF BIHAR                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Mr. Sanjeev Kumar, Advocate
                  For the Respondent/s   :       Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

8    28-01-2026                   Heard learned counsel for the parties.

                                2. Pursuant to order dated 10.12.2025, a living status

                    report of the appellant was called for. In respondent thereto, the

                    Superintendent of Police, East Champaran, Motihari, submitted

                    report dated 17.12.2025, wherein it has been stated that the sole

                    appellant Babu Lal Mahto has died during the pendency of the

                    criminal appeal.

                                3. In view of the above, the present Criminal Appeal

                    stands abated insofar as the sole appellant is concerned.

                                4. Consigned to record.


                                                          (Nani Tagia, J)


Narendra/-                                          ( Ansul @ Anshul Raj, J)

U      T

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