Patna High Court

DILIP PODDARversusSTATE OF BIHAR

Decided: 27 January 2026
Disposal: ABATED
Bench: NANI TAGIA SUNIL DUTTA MISHRA

Holding

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

Summary

The appellant, Dilip Poddar, filed a criminal appeal (Criminal Appeal No. 478 of 1996) against the State of Bihar. While the appeal was pending, the court ordered a living status report of the appellant. The Deputy Superintendent of Police, Katihar, Cyber Crime, submitted an affidavit confirming that the appellant had died on 15 March 2023. The court examined the effect of the appellant's death on the pending appeal. It held that the death of the sole appellant during pendency results in the abatement of the appeal. Consequently, the appeal was closed and no further proceedings were ordered.

Issues considered

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

Subjects

criminal appeal
abeyance
death of appellant
pendency
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.478 of 1996
                  ======================================================
                  DILIP PODDAR
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Bhola Prasad, Advocate
                  For the Respondent/s   :        Mr. Ajay Mishra, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

9    27-01-2026                    Heard learned counsel for the parties.
                                2. Pursuant to order dated 14.11.2025 a living status
                    report of the sole appellant was called for. In response thereto,
                    Dy.S.P. Katihar, Cyber Crime has filed an affidavit dated
                    03.12.2025 stating that the sole appellant, namely, Dilip Poddar
                    has died on 15.03.2023 during the pendency of this Criminal
                    appeal.
                                3. In view of the above, the instant Criminal Appeal
                    filed by the appellant stands abated.
                                4. Consigned to record.



                                                (Nani Tagia, J)


                                             ( Sunil Dutta Mishra, J)
nishant/-

U       T

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