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Patna High Court

SUDHIR MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

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

Summary

Sudhir Mandan filed a criminal appeal (DB) No.705 of 2004 before the Patna High Court. While the appeal was pending, a living status report was ordered on 09-12-2025. The Superintendent of Police submitted a report on 07-01-2026 stating that the appellant had died. The Court held that the death of the appellant during pendency causes the appeal to stand abated. Consequently, the appeal was closed without any further hearing.

Issues considered

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

Subjects

  • death of appellant
  • abated appeal
  • criminal appeal
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.705 of 2004
                  ======================================================
                  Sudhir Mandal
                                                                   ... ... Appellant/s
                                             Versus
                  STATE OF BIHAR
                                                                ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Viveka Nand Singh, Advocate
                  For the Respondent/s   :        Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                          and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

6    29-01-2026                 Pursuant to order dated 09.12.2025 a living status

                    report of the accused appellant was called for. In response

                    thereto, Superintendent of Police, Purnea submitted report dated

                    07.01.2026, wherein, it has been stated that appellant, namely,

                    Sudhir Mandal has died during the pendency of this Cr. Appeal.

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

                    filed by appellant stands abated.

                                3. Consigned to record.



                                                (Nani Tagia, J)


                                             ( Sunil Dutta Mishra, J)
Siddharth
Sagar/-

U      T


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