Patna High Court

PARASU RAM SINGHversusSTATE OF BIHAR

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

Holding

The death of the sole appellant during the pendency of a criminal appeal results in the abatement of the appeal.

Summary

Parasu Ram Singh, the sole appellant in a criminal appeal before the Patna High Court, was reported dead by the Superintendent of Police during the pendency of the appeal. The court received a living status report confirming his death. Upon consideration, the bench held that the death of the sole appellant extinguishes the right to continue the appeal. Consequently, the appeal could not proceed and was deemed abated. No substantive merits of the appeal were examined, and the matter was closed on procedural grounds.

Issues considered

The effect of the death of a sole appellant on a pending criminal appeal

Subjects

criminal appeal
abeyance
death of appellant
procedural law
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.221 of 1998
                  ======================================================
                  Parasu Ram Singh Son of Late Sona Singh, resident of village Sohra, P.S.
                  Krishnagarh, District Bhojpur
                                                                         ... ... Appellant/s
                                                 Versus
                  STATE OF BIHAR                                      ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     Mr. Surendra Kumar Singh, Advocate
                  For the Respondent/s   :     Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                         HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

13   19-01-2026                  Heard learned counsel for the parties.

                                2. Pursuant to order dated 20.11.2025, a living status

                    report of the appellant was called for. In respondent thereto, the

                    Superintendent of Police, Bhojpur, Ara submitted report dated

                    11.01.2026, wherein it has been stated that the sole appellant

                    Parasu Ram Singh has died during the pendency of the criminal

                    appeal.

                                3. In view of the above, the present Criminal Appeal

                    stands abated insofar as the sole appellant is concerned.



                                              (Nani Tagia, J)


Narendra/-                               ( Ramesh Chand Malviya, J)

U      T

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