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Patna High Court

HAIDER MIYANversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal stands abated upon the death of the appellant.

Summary

The appellant, Haider Miyan, filed a criminal appeal before the Patna High Court. While the appeal was pending, the appellant died, as reported by the Superintendent of Police. The court examined the record and the death report. Applying the provisions governing abatement of criminal proceedings upon the death of the accused, the court held that the appeal could not continue. Consequently, the appeal was declared abated and no further orders were made.

Issues considered

  • Does the death of an appellant during the pendency of a criminal appeal abate the appeal under the Code of Criminal Procedure?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • CrPC Section 374
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL APPEAL (DB) No.20 of 2002
                 ======================================================
                 HAIDER MIYAN Son of Afdar Miyan, resident of village Rakhaee, P.S.
                 Shikarpur, District West Champaran

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Umesh Chandra Verma, Advocate
                 For the Respondent/s   :     Mr. APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)


7   18-02-2026             Perusal of record shows that vide e-mail dated 28.01.2026

                   of Assistant Registrar, Criminal Appeal Section of this Court, a

                   living status report of accused appellant was called for. In

                   response      thereto,   the   Superintendent    of    Police,    West

                   Champaran, Bettiah submitted a report dated 09.02.2026 based

                   on the information furnished by S.H.O., Shikarpur P.S., Bettiah

                   apprising this Court that the sole appellant, namely, Haider

                   Miyan has died during pendency of this Criminal Appeal.

                   2. In view of the above, the instant Criminal Appeal filed by the

                   sole appellant, namely, Haider Miyan stands abated.
             Patna High Court CR. APP (DB) No.20 of 2002(7) dt.18-02-2026
                                                         2/2




                               3. Consigned to record.



                                                     (Nani Tagia, J)


                                                         ( Ansul, J)
Narendra/-

U      T


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