Patna High Court

SARJUG MAHTOversusSTATE OF BIHAR

Decided: 28 January 2026
Disposal: ABATED
Bench: NANI TAGIA ANSUL

Holding

The criminal appeal stands abated due to the appellant's death.

Summary

Sarjug Mahto appealed against his conviction under the State of Bihar. While the appeal was pending, the Superintendent of Police submitted an affidavit stating that the appellant had died. The court was required to determine the effect of the appellant’s death on the pending criminal appeal. Relying on established procedural principles, the bench held that the death of the appellant extinguishes his right to prosecute the appeal. Consequently, the appeal was deemed abated and no further proceedings were undertaken.

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
pendency

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.547 of 1998
                  ======================================================
                  SARJUG MAHTO
                                                                 ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                              ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Saurav Kumar, Advocate
                  For the Respondent/s   :        Mr. Bal Mukund Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

5    28-01-2026                  Heard learned counsel for the appellant.

                                2. Pursuant to order dated 03.12.2025 a living status

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

                    Superintendent of Police (HQ), Munger has filed an affidavit dated

                    08.01.2026, wherein, it has been stated that appellant namely,

                    Sarjug Mahto has died 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)


                                             ( Ansul @ Anshul Raj, J)
Siddharth
Sagar/-

U      T

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