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Patna High Court

SITA RAM SINGH and ORSversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated due to the death of the appellants.

Summary

The appellants Sita Ram Singh and Phulia Devi filed a criminal appeal before the Patna High Court. No counsel appeared for them. The court, relying on a police report dated 29.01.2026, was informed that both appellants had died while the appeal was pending. Consequently, the court held that the appeal could not proceed and was abated. The matter was then consigned to the record.

Issues considered

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.401 of 1997
                  ======================================================
                  SITA RAM SINGH and ORS
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :     None
                  For the Respondent/s   :     Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE ANSUL
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

8    27-02-2026                 None appears for the appellant.

                                2. Pursuant to order dated 10.12.2025, a living status

                    report of the accused appellants was called for. In response thereto,

                    Superintendent of Police, Samastipur submitted report dated

                    29.01.2026, wherein, it has been stated that appellant Nos. 1 and 2

                    namely, Sita Ram Singh and Phulia Devi, respectively, have died

                    during the pendency of this Cr. Appeal.

                                3. In view of the above, the instant Criminal Appeal

                    filed by appellants stand abated.

                                4. Consigned to record.



                                             (Nani Tagia, J)


                                                 ( Ansul, J)
Siddharth
Sagar/-

U      T


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