Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.