Patna High Court

RAM AUTAR PASWANversusSTATE OF BIHAR

Decided: 19 January 2026
Disposal: ABATED
Bench: NANI TAGIA RAMESH CHAND MALVIYA

Holding

A criminal appeal filed by a sole appellant is abated upon the appellant's death during pendency.

Summary

The appellant, Ram Autar Paswan, filed a criminal appeal in the Patna High Court. While the appeal was pending, the court received a report from the Superintendent of Police confirming that the appellant had died. The court examined the procedural implications of the appellant's death. It held that the death of the sole appellant during pendency of a criminal appeal results in the abatement of the appeal. Consequently, the appeal was closed and consigned to the record.

Issues considered

What is the effect of the death of a sole appellant on a pending criminal appeal?

Subjects

criminal appeal
abated appeal
death of appellant
procedural law
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.210 of 1995
                  ======================================================
                  RAM AUTAR PASWAN
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Ms. Surya Nilambari, Amicus Curiae
                  For the Respondent/s   :     Mr. Ajay Mishra, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE RAMESH CHAND
                  MALVIYA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

11   19-01-2026                     Heard learned counsel for the parties.
                                2. Perusal of record shows that vide letter dated
                    22.08.2025 of Assistant Registrar, Criminal Appeal Section of
                    this Court, a living status report of accused appellant was called
                    for. In response thereto, Superintendent of Police, Madhubani
                    submitted a report dated 27.08.2025 apprising this Court that the
                    sole appellant namely, Ram Autar Paswan has died during
                    pendency of this Criminal Appeal.
                                3. In view of the above, the instant Criminal Appeal
                    filed by the sole appellant stands abated.
                                4. Consigned to record.



                                              (Nani Tagia, J)


                                         ( Ramesh Chand Malviya, J)
nishant/-

U       T

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