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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