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Patna High Court

RAJA KUMARversusTHE STATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

Raja Kumar appealed his conviction from the Additional Sessions Judge, Patna. While the appeal was pending, the Senior Superintendent of Police reported that Raja Kumar died on 31 October 2021, and a death certificate was produced. The High Court examined the record and, noting the appellant's death, held that the criminal appeal could not continue. Consequently, the appeal was abated. The matter was consigned to the record.

Issues considered

  • What is the effect on a pending criminal appeal when the appellant dies before the appeal is decided?

Subjects

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

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.184 of 2010
                 ======================================================
                 Raja Kumar, S/O Moti Ram R/O Bhawar Pokhar, Pokka Kuan, P.S.-
                 Pirbahore, Distt.- Patna

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :   Mr. Sunil Kumar Pathak, Advocate
                 For the Respondent/s   :   Mr. A.K.Sinha, App
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

4   18-06-2026            1. Instant Criminal Appeal, arising out of judgment and

                   order of conviction dated 11.12.2009 passed by the learned

                   Additional Sessions Judge XIII, Patna in Sessions Trial 50 of

                   2006/67 of 2009 (Pirbahore P.S. case no. 51 of 2005) is listed

                   for hearing.

                          2. On the matter being taken up, learned counsel for the

                   appellant is present.

                          3. Perusal of record shows that Senior Superintendent of

                   Police, Patna submitted a report dated 18.05.2026 based on the

                   information furnished by Police Inspector-cum-S.H.O. apprising

                   this Court that the sole appellant namely, Raja Kumar has died

                   on 31.10.2021 during pendency of this Criminal Appeal. The

                   Death Certificate dated 02.05.2026 issued by Commissioner,
              Patna High Court CR. APP (DB) No.184 of 2010(2) dt.18-06-2026
                                                          2/2




                        Ward No. 39, Patna Nagar Nigam is also enclosed along with

                        the said report.

                                4. In view of the above, the instant Criminal Appeal filed

                        by appellant, Raja Kumar stands abated.

                                5. Consigned to record.



                                               (Sanjay Kumar Singh, J)


                                                (Rana Vikram Singh, J)
Saurabh.kr/
Prakash-

U


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