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Patna High Court

Surendra RaiversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal stands abated due to the death of the appellant.

Summary

The appellant, Surendra Rai, filed a criminal appeal (SJ) No.168 of 2016 before the Patna High Court. During the COVID-19 pandemic, the appellant passed away. The appellant's counsel argued that the death of the sole appellant should abate the appeal. The Court considered whether the death of a party in a criminal appeal results in abatement of the proceedings. The Court held that the appeal stands abated due to the appellant's death. Consequently, the Court consigned the record and closed the matter.

Issues considered

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

Subjects

  • appeal
  • abated
  • death of appellant
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (SJ) No.168 of 2016
                     Arising Out of PS. Case No.-69 Year-1988 Thana- BAKHTIYARPUR District- Patna
                  ======================================================
                  Surendra Rai Son of Late Ramjee Rai, Resident of Village - Abu
                  Mohamadpur, P.S. - Bakhtiarpur, District - Patna.

                                                                                  ... ... Appellant/s
                                                       Versus
                  The State Of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant       :       Mr. Pankaj Kumar, Advocate
                  For the State           :       Mr. Mukeshwar Dayal, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

5    30-04-2026                 Heard learned counsel for the appellant and learned

                    A.P.P. for the State.

                                2. At the outset, learned counsel for the appellant

                    submits that during Corona period, the sole appellant, namely

                    Surendra Rai, has died.

                                3. Accordingly, this appeal stands abated.

                                4. The record is consigned.



                                          (Prabhat Kumar Singh, J)
shashank/-

U      T


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