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Patna High Court

MAHANTH YADAV and ORSversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal is abated due to the death of all appellants.

Summary

The appellants, Mahanth Yadav, Saryug Yadav and Bipat Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the Superintendent of Police submitted a report confirming that all three appellants had died. The court examined the effect of the appellants' deaths on the pending appeal. It held that the appeal stands abated because the parties against whom the appeal was filed no longer exist. Consequently, the criminal appeal was closed without any further adjudication.

Issues considered

  • What is the legal effect on a pending criminal appeal when all appellants die before the appeal is decided?

Subjects

  • criminal appeal
  • abeyance
  • death of appellant
  • pendency
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL APPEAL (DB) No.489 of 2000
                 ======================================================
                 1. MAHANTH YADAV son of Radha Krishna Yadav
                 2. Saryug Yadav son of Bhikhari Yadav
                 3. Bipat Yadav son of late Shiv Mangal Yadav, All are residents of village
                 Kudiya Rampurwa, P.S. Jogapatti, District West Champaran

                                                                             ... ... Appellant/s
                                                  Versus
                 STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants   :       Mr.Bashishtha Narayan Mishra, Advocate
                 For the State        :       Mr.Satya Narayan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)


4   10-02-2026             Heard learned counsel for the parties.

                           2. Pursuant to order dated 20.09.2025, a living status

                   report of the appellants was called for. In respondent thereto, the

                   Superintendent of Police, West Champaran (Bettiah) submitted

                   report dated 13.11.2025, wherein it has been stated that the all

                   the appellants, namely, Mahanth Yadav, Saryug Yadav and Bipat

                   Yadav have died during the pendency of the criminal appeal.

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

                   stands abated insofar as all the appellants are concerned.
             Patna High Court CR. APP (DB) No.489 of 2000(4) dt.10-02-2026
                                                         2/2




                               4. Consigned to record.



                                                     (Nani Tagia, J)


                                                         ( Ansul, J)
Narendra/-

U      T


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