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.219 of 2014 arising from a 2002 case. During proceedings, counsel submitted a police report and a death certificate confirming that the sole appellant had died two years earlier. The court examined these documents and noted the appellant's death. Consequently, the court held that the appeal could not continue and was abated due to the appellant's death. The trial court's record was ordered to be sent back to the trial court for closure.

Issues considered

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

Subjects

criminal appeal
abated appeal
death of appellant
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.219 of 2014
                     Arising Out of PS. Case No.-78 Year-2002 Thana- BHAWANIPUR District- Purnia
                 ======================================================
                 Jagdambi Mandal son of 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, 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

Continue reading with your account

Checking your session…