Patna High Court

JAI RAM SAHversusSTATE OF BIHAR

Decided: 22 January 2026
Disposal: ABATED
Bench: NANI TAGIA SUNIL DUTTA MISHRA

Holding

A criminal appeal is abated upon the death of the appellant.

Summary

The appellant, Jai Ram Sah, filed a criminal appeal against the State of Bihar which remained pending for several years. During the pendency, the Deputy Superintendent of Police submitted an affidavit confirming that the appellant had died in 2022. The court was required to determine the effect of the appellant's death on the pending appeal. Relying on established procedural law, the court held that a criminal appeal cannot continue after the death of the appellant and therefore stands abated. The matter was consigned to the record, effectively terminating the appeal.

Issues considered

Does the death of an appellant during the pendency of a criminal appeal abate the appeal?

Subjects

criminal appeal
abeyance
death of appellant
procedural law
appeal abatement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.49 of 1998
                  ======================================================
                  JAI RAM SAH
                                                                  ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Rajesh Kumar Singh, 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)

7    22-01-2026                 Heard learned counsel for the parties.

                                2. Pursuant to order dated 27.11.2025 a living status

                    report of the accused appellant was called for. In response there

                    to, Dy.S.P. Traffic, Katihar has filed an affidavit dated

                    15.12.2025, wherein, it has been stated that appellant namely,

                    Jai Ram Sah @ Sharvan Sah has died in the year 2022 during

                    the pendency of this Cr. Appeal.

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

                    filed by appellant stands abated.

                                4. Consigned to record.



                                                (Nani Tagia, J)


                                             ( Sunil Dutta Mishra, J)
Siddharth
Sagar/-

U

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