Patna High Court
MAHANTH YADAV and ORSversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
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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