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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.