Patna High Court
MANOJ RAI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated upon the death of the appellant(s) during its pendency.
Summary
Manoj Rai and Shailendra Rai filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the DSP of Saran submitted an affidavit stating that both appellants had died about five years earlier. The court examined the affidavit and considered the legal effect of the death of an appellant on pending criminal proceedings. It held that the death of the appellant(s) results in the abatement of the appeal. Consequently, the appeal was closed and consigned to the record.
Issues considered
- Does the death of an appellant during the pendency of a criminal appeal abate the appeal?
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- pendency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.237 of 2001
======================================================
MANOJ RAI and ANR
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Birendra Nath Mishra, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
8 27-01-2026 Heard learned counsel for the parties.
2. Pursuant to order dated 27.11.2025 a living status
report of the accused appellant was called for. In response thereto,
DSP (HQ), Saran has filed an affidavit dated 19.01.2026, wherein,
it has been stated that both the appellants namely, Manoj Rai and
Shailendra Rai have died around five ago during the pendency of
this Cr. Appeal.
3. In view of the above, the instant Criminal Appeal
filed by the appellants stands abated.
4. Consigned to record.
(Nani Tagia, J)
( Sunil Dutta Mishra, J)
Siddharth
Sagar/-
U T
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