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Patna High Court

SABIR LAHERIversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

The appellant, Sabir Laheri, filed a criminal appeal against the State of Bihar. No counsel appeared for the appellant. An affidavit and a police report submitted on 21-12-2025 confirmed that the appellant had died approximately five years earlier. The court considered the evidence of death submitted by the Superintendent of Police, Sitamarhi. Relying on this proof, the judges held that the appeal could not continue. Consequently, the appeal was abated, effectively terminating the proceedings.

Issues considered

  • Whether a criminal appeal can proceed when the appellant is deceased

Subjects

  • appeal
  • abated
  • death of appellant
  • criminal procedure
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.504 of 1998
                   ======================================================
                   SABIR LAHERI

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

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s    :       None
                   For the Respondent/s   :       Mr. Dilip Kumar Sinha, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                           and
                           HONOURABLE MR. JUSTICE ALOK KUMAR
                                         ORAL ORDER

                   (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA)

8     01-07-2026                 1. No one appears for the appellant.

                                 2. Pursuant to order dated 16.12.2025 an affidavit has

                     been filed on behalf of the Superintendent of Police, Sitamarhi

                     along with the report dated 21.12.2025 informing that the sole

                     appellant namely, Sabir Laheri has died about five years back.

                                 3. Considering the affidavit as well as the report of the

                     Police authority, the present appeal stands abated.



                                              (Anil Kumar Sinha, J)


                                                 ( Alok Kumar, J)
praful/-
U        T


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