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Patna High Court

KUWAR SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeals stand abated due to the death of the appellants.

Summary

The appellants Prakash Singh, Kuwar Singh and Dinesh Singh filed criminal appeals before the Patna High Court challenging their convictions. While the appeals were pending, the Superintendent of Police submitted a report stating that all three appellants had died. The Court examined whether the death of an appellant during the pendency of a criminal appeal would affect the continuation of the proceedings. Relying on established legal principles that a criminal appeal is abated by the death of the appellant, the Court held that the appeals could no longer proceed. Consequently, the Court ordered that the criminal appeals stand abated and consigned the matter to the record.

Issues considered

  • Does the death of an appellant during the pendency of a criminal appeal abate the appeal?

Subjects

  • death of appellant
  • abated appeal
  • criminal appeal
  • pendency
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL APPEAL (DB) No.232 of 2001
                 ======================================================
                 PRAKASH SINGH
                                                                ... ... Appellant/s
                                          Versus
                 STATE OF BIHAR
                                                             ... ... Respondent/s
                 ======================================================
                                                  with
                             CRIMINAL APPEAL (DB) No. 244 of 2001
                 ======================================================
                 KUWAR SINGH
                                                                 ... ... Appellant/s
                                          Versus
                 STATE OF BIHAR
                                                              ... ... Respondent/s
                 ======================================================
                                                  with
                             CRIMINAL APPEAL (DB) No. 263 of 2001
                 ======================================================
                 DINESH SINGH
                                                                 ... ... Appellant/s
                                          Versus
                 STATE OF BIHAR
                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (DB) No. 232 of 2001)
                 For the Appellant/s  :    Mr. Ajay, Advocate
                 For the Respondent/s :    Mr. APP
                 (In CRIMINAL APPEAL (DB) No. 244 of 2001)
                 For the Appellant/s  :    Mr. Ashutosh Kumar, Advocate
                 For the Respondent/s :    Mr. APP
                 (In CRIMINAL APPEAL (DB) No. 263 of 2001)
                 For the Appellant/s  :    Mr. Ashutosh Kumar, Advocate
                 For the Respondent/s :    Mr. Mahesh Narayan Parbat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

4   29-01-2026               Pursuant to letter dated 17.07.2025 a living status

                  report of the accused appellants was called for. In response

                  thereto, Superintendent of Police, Saran submitted report dated

                  07.08.2025, wherein, it has been stated that all the appellants
            Patna High Court CR. APP (DB) No.232 of 2001(4) dt.29-01-2026
                                                        2/2




                      namely, Prakash Singh, Kuwar Singh and Dinesh Singh have

                      died during the pendency of these Cr. Appeals.

                                   2. In view of the above, the Criminal Appeals filed by

                      appellants stand abated.

                                   3. Consigned to record.



                                                    (Nani Tagia, J)


                                              ( Sunil Dutta Mishra, J)
Siddharth
Sagar/-

U      T


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