Patna High Court

LAL BAHADUR CHAUDHARY and ORSversusSTATE OF BIHAR

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

Holding

A criminal appeal is abated upon the death of the appellant during its pendency.

Summary

The appellants Lal Bahadur Chaudhary, Fuldeo Chaudhary and Shatrughan Chaudhary filed a criminal appeal against the State of Bihar. While the appeal was pending, the Superintendent of Police submitted a report stating that all three appellants had died. The court examined the effect of the death of the parties on the pending criminal appeal. It held that the death of the appellant(s) during the pendency of a criminal appeal results in the abatement of the appeal. Consequently, the appeal was terminated and consigned to the record.

Issues considered

What is the legal consequence of the death of an appellant during the pendency of a criminal appeal?

Subjects

criminal appeal
abeyance
death of appellant
pendency
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (DB) No.96 of 1999
                  ======================================================
                  LAL BAHADUR CHAUDHARY and ORS
                                                                  ... ... Appellant/s
                                           Versus
                  STATE OF BIHAR
                                                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Ajay 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)

6    28-01-2026                 Pursuant to order dated 27.11.2025 a living status

                    report of the accused appellant was called for. In response

                    thereto, Superintendent of Police, Vaishali submitted report

                    dated 07.01.2026 wherein, it has been stated that all the

                    appellant namely, Lal Bahadur Chaudhary, Fuldeo Chaudhary

                    and Shatrughan Chaudhary have 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)


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

U      T

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