Patna High Court

Jagdambi MandalversusThe State Of Bihar

Decided: 27 February 2026
Disposal: ABATED
Bench: SHAILENDRA SINGH

Holding

The appeal is abated on account of the death of the sole appellant.

Summary

The appellant, Jagdambi Mandal, filed a criminal appeal (SJ) No.216 of 2014 arising from a 2004 case. During proceedings, it was established that the sole appellant had died two years earlier, as evidenced by a death certificate from the Registrar of Birth & Death, Sadar Hospital, Purnia, and a police report. The court examined these documents and concluded that the appeal could not continue because the appellant was deceased. Consequently, the appeal was abated. The trial court's record was ordered to be sent back to the trial court for further action.

Issues considered

Whether a criminal appeal can continue when the sole appellant has died before the appeal is decided

Subjects

criminal appeal
abeyance
death of appellant
procedural law
appeal abatement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.216 of 2014
                      Arising Out of PS. Case No.-63 Year-2004 Thana- DHAMDAHA District- Purnia
                 ======================================================
                 Jagdambi Mandal S/o Late Sipahi Mandal Resident of Village Birsail, P.S.
                 Bhawanipur, District Purnea.                           .. ... Appellant/s
                                                Versus
                 The State of Bihar                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Mukesh Kumar Jha, Adv.
                                                 Mr. Bhola Prasad, Adv.
                 For the Respondent/s    :       Ms. Anita Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

6   27-02-2026                  As per the submission made by appellant’s counsel as

                   well as on perusal of the report sent by the Superintendent of

                   Police, Purnea, in Cr. APP (SJ) No. 219 of 2014, it is found that

                   the sole appellant in this appeal had died two years ago and in

                   support thereof, the certificate issued by the Registrar (Birth &

                   Death) Sadar Hospital, Purnia, has also been annexed with the

                   report.

                                2. In view of the aforesaid fact and report, the instant

                   criminal appeal stands disposed of as abated on account of the

                   death of the sole appellant.

                                3. Let the trial court’s record be sent back to the trial

                   court concerned forthwith.



                                             (Shailendra Singh, J)
annu/-
U      T

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