Patna High Court
UPENDRA SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
Holding
The appeal stands abated due to the death of the appellant.
Summary
The appellant, Upendra Singh, filed a criminal appeal (DB) No.267 of 1999 against the State of Bihar. No counsel appeared for the appellant during the hearing on 11-02-2026. The court ordered a living status report, and the Sub-Divisional Police Officer submitted an affidavit on 21-01-2026 stating that the appellant had died while the appeal was pending. In view of the appellant's death, the court held that the appeal could no longer proceed. Consequently, the appeal was abated and the matter was consigned to the record.
Issues considered
- Whether a criminal appeal can continue when the appellant dies during its pendency
Subjects
- criminal appeal
- abeyance
- death of appellant
- procedural law
- pendency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.267 of 1999
======================================================
UPENDRA SINGH
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
8 11-02-2026 None appears for the appellant.
2. Pursuant to order dated 03.12.2025 a living status
report of the accused appellant was called for. In response
thereto, S.D.P.O., Barh-1, Patna has filed an affidavit dated
21.01.2026, wherein, it has been stated that appellant namely,
Upendra Singh has died during the pendency of this Cr. Appeal.
3. In view of the above, the instant Criminal Appeal
filed by appellant stands abated.
4. Consigned to record.
(Nani Tagia, J)
( Ansul, J)
Siddharth
Sagar/-
U T
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