Patna High Court
BHOLA RAI and ANRversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The criminal appeal stands abated due to the death of the appellants.
Summary
The appellants Bhola Rai and Kashi Nath Rai filed a criminal appeal (DB) No.735 of 2005 before the Patna High Court challenging a conviction dated 23.11.2005. No counsel appeared on behalf of the appellants, while the State's Additional Public Prosecutor was present. The court received a report from the Superintendent of Police indicating that both appellants had died during the pendency of the appeal. The court held that the death of the parties extinguishes their right to prosecute the appeal, resulting in the abatement of the proceedings. Consequently, the appeal was recorded as abated and no further hearing was ordered.
Issues considered
- What is the effect of the death of appellants on a pending criminal appeal?
Subjects
- criminal appeal
- abatement
- death of parties
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.735 of 2005
======================================================
1. Bhola Rai S/o Late Bhagwan Rai.
2. Kashi Nath Rai, S/o Bhola Rai
All resident of village Hakimpur Badhar Police Station -Itarhi, District Buxar
... ... Appellant/s
Versus
STATE OF BIHAR
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None
For the Respondent/s : Mr.APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
5 31-03-2026 Instant Criminal Appeal, arising out of judgment and
order dated 23.11.2005 passed by learned Additional District
Judge (Fast Track Court V), Buxar in Sessions Trial No.75 of
1997 arising out of Itarhi P.S. Case No.101 of 1995 is listed for
hearing.
2. Despite repeated calls, none appears on behalf of the
appellants, whereas learned, Additional Public Prosecutor for
the State is present.
3. Perusal of record shows that vide letter dated
21.02.2026 of Assistant Registrar, Criminal Appeal Section of
this Court, a living status report of accused appellants was
called for. In response thereto, the Superintendent of Police,
Patna High Court CR. APP (DB) No.735 of 2005(5) dt.31-03-2026
2/2
Buxar submitted a report dated 23.02.2026 based on the
information furnished by S.H.O., Itarhi P.S. apprising this Court
that the appellants namely, Bhola Rai and Kashi Nath Rai have
died during pendency of this Criminal Appeal.
4. In view of the above, the instant Criminal Appeal filed
by appellants Bhola Rai and Kashi Nath Rai stands abated.
5. Consigned to record.
(Sanjay Kumar Singh , J)
( Sourendra Pandey, J)
pallavi/-
U T
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