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Patna High Court

PRADIP KUMAR SINGH @ PRADIP KUMAR @ PRADIP SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the death of the sole appellant.

Summary

The appellant, Pradip Kumar Singh, filed a criminal appeal against the State of Bihar. During the pendency of the appeal, the appellant died, as evidenced by an affidavit of the Deputy Superintendent of Police dated 20 January 2026. The court considered whether the death of the sole appellant affected the continuation of the appeal. It held that the appeal could not proceed and was therefore abated. The matter was consigned to the record.

Issues considered

  • What is the effect of the death of a sole appellant on a pending criminal appeal?

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.270 of 1998
                  ======================================================
                  Pradip Kumar Singh @ Pradip Kumar @ Pradip Singh, Son of Kunwar Singh,
                  resident of Hariharpur, P.S.- Mali, Dist- Aurangabad.        ... ... Appellant/s
                                                       Versus
                  State of Bihar                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Kanhaiya Priyadarshi, Advocate
                                                  Mr. Ashok Kumar No. 1, Advocate
                                                  Mr. Nilesh Kumar Nirala, Advocate
                  For the State          :        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)

6    29-01-2026                    Heard learned counsel for the appellant and learned

                    A.P.P. for the State.

                                  2. An affidavit of the Dy. S.P. (Hq-1), Aurangabad

                    dated 20.01.2026 has been received wherein it has been stated

                    that the sole appellant- Pradip Kumar Singh @ Pradip Kumar @

                    Pradip Singh has died during the pendency of this Cr. Appeal.

                                  3. In view of the afore-noted report, the present Cr.

                    Appeal against the sole appellant stands abated.

                                  4. Consigned to record.



                                                (Nani Tagia, J)


                                             ( Sunil Dutta Mishra, J)
rakhi/-
U


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