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Patna High Court

KISHORE PRASADversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The criminal appeal is abated upon the death of the sole appellant.

Summary

Kishore Prasad appealed against the State of Bihar in a criminal matter. During the pendency of the appeal, the Superintendent of Police submitted an affidavit confirming that the sole appellant had died. The court examined the effect of the appellant's death on the pending appeal. It held that the appeal stands abated because the appellant is no longer alive to pursue the case. Consequently, the appeal was effectively dismissed.

Issues considered

  • The effect of the death of a sole appellant on a pending criminal appeal

Subjects

  • criminal appeal
  • abeyance
  • death of appellant
  • procedural law
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (DB) No.593 of 2000
                  ======================================================
                  KISHORE PRASAD son of Shyam Narain Prasad, resident of village Gaiwi,
                  P.S. Rahui, Dist. Nalanda
                                                                      ... ... Appellant/s
                                                Versus
                  STATE OF BIHAR
                                                                   ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :    Mr.Bimal Kumar, Advocate
                  For the Respondent/s   :    Mr. 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 parties.

                           2. Pursuant to order dated 03.12.2025, a living status

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

                    Superintendent of Police, Nalanda has filed an affidavit on

                    19.01.2026 stating that the sole appellant Kishore Prasad has

                    died during the pendency of the criminal appeal.

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

                    stands abated insofar as the sole appellant is concerned.

                           4. Consigned to record.


                                                  (Nani Tagia, J)


Narendra/-                                   ( Ansul @ Anshul Raj, J)

U      T


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