Patna High Court
KISHORE PRASADversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
- Bench
- NANI TAGIAANSUL
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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