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Patna High Court

BACHCHU MISTRIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated upon the death of the sole appellant.

Summary

The appellant, Bachchu Mistri, filed a criminal appeal (DB) No.399 of 1996 before the Patna High Court. During the pendency of the appeal, the Senior Superintendent of Police submitted a report, along with a police officer's report and a certificate from the village Mukhiya, confirming that the sole appellant had died. The court examined these documents and accepted the report as conclusive evidence of the appellant's death. The legal question was whether the appeal could continue after the death of the sole appellant. Relying on procedural law, the court held that the appeal stands abated upon the death of the only party to the appeal. Consequently, the appeal was abated and the matter was consigned to the record.

Issues considered

  • Does the death of the sole appellant abate a pending criminal appeal?

Subjects

  • appeal abatement
  • death of appellant
  • procedural law
  • criminal appeal
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.399 of 1996
                 ======================================================
                 Bachchu Mistri, son of Munilal Sharma, r/v Amdanda, Police Station-
                 Sanhoula, District- Bhagalpur.

                                                                          ... ... Appellant/s
                                                  Versus
                 State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Uma Kant Prasad, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

6   16-01-2026                    Report dated 12.09.2025 from the Sr. Superintendent


                   of Police, Bhagalpur, vide letter no. 713/ वववधि शशाखशा written to

                   Assistant Registrar of this Court, enclosing report of S.H.O.,

                   Amdanda P.S., Bhagalpur and certificate of the Mukhiya,

                   Amdanda Gram Panchayat dated 03.09.2025, has been received.

                   In the report of the S.H.O. as well as letter of Mukhiya, it has

                   been stated that the sole appellant-Bachchu Mistri has died.

                               2. Report of the Sr. S.P., Bhagalpur dated 12.09.2025

                   enclosing the report of S.H.O., Amdanda P.S. and Mukhiya of

                   the concerned Gram Panchayat is accepted.

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

                   Appeal against the sole appellant stands abated.
              Patna High Court CR. APP (DB) No.399 of 1996(6) dt.16-01-2026
                                                          2/2




                                     4. Consigned to record.



                                                      (Nani Tagia, J)


                                                 (Sunil Dutta Mishra, J)
rakhi/-

U         T


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