Patna High Court
HAIDER MIYANversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
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
- Code of Criminal Procedure, 1973 — s. 374
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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