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Patna High Court

GORI SHANKAR SAHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the death of the appellant.

Summary

The appellant, Gori Shankar Sah, filed a criminal appeal (DB) No.15 of 1998 against the State of Bihar. The appeal was pending before the Patna High Court when the police submitted a report on 10 December 2025 confirming that the appellant had died. The court considered whether the death of the appellant affected the continuance of the appeal. Relying on the report, the court held that the appeal could not proceed and therefore stood abated. The matter was consigned to the record.

Issues considered

  • Whether a criminal appeal can continue when the appellant is deceased

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.15 of 1998
                 ======================================================
                 Gori Shankar Sah son of Ram Avtar Sah, Resident of Village New Singholi,
                 P.S. Dihree (Dalmia Nagar) District-Rohtas

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    None
                 For the Respondent/s   :    Mr. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

3   16-01-2026                    Pursuant to order of this Court dated 22.11.2025,

                   S.P., Rohtas submitted report dated 10.12.2025 stating therein

                   that the sole appellant namely, Gauri Shankar Shah is dead.

                               2. In view of the above, the present appeal stands

                   abated.

                               3. Consigned to record.



                                                      (Nani Tagia, J)


                                               (Sunil Dutta Mishra, J)
Amrendra/-

U     T


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