Patna High Court
RAJARAM MAHTOversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
Holding
The criminal appeal stands abated due to the death of the sole appellant.
Summary
The appellant, Rajaram Mahto, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, a living status report was ordered, and the DSP (Reserve) of Aurangabad submitted an affidavit stating that the appellant had died on 10 February 2026. The court considered the effect of the appellant's death on the pending criminal appeal. It held that the death of the sole appellant during the pendency results in the abatement of the appeal. Consequently, the appeal was recorded as abated and no further proceedings were ordered.
Issues considered
- Whether a criminal appeal stands abated upon the death of the sole appellant during its pendency
Subjects
- criminal appeal
- abatement
- death of appellant
- pendency
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.273 of 1997
======================================================
RAJARAM MAHTO
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manindra Kishore Singh, Advocate
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
9 13-02-2026 Pursuant to order dated 15.12.2025, a living status
report of the accused appellant was called for. In response
thereto, DSP (Reserve), Aurangabad has filed an affidavit dated
10.02.2026, wherein, it has been stated that sole appellant
namely, Rajaram Mahto has died during the pendency of this Cr.
Appeal.
2. In view of the above, the instant Criminal Appeal
filed by appellant stands abated.
3. Consigned to record.
(Nani Tagia, J)
( Ansul, J)
Siddharth
Sagar/-
U T
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