Patna High Court

AWADH NARAYAN SHARMA and ANRversusSTATE OF BIHAR

Decided: 9 January 2026
Disposal: ABATED
Bench: PRAVEEN KUMAR

Holding

The appeal is abated due to the death of the appellants.

Summary

The appellants, Awadh Narayan Sharma and Tara Devi, filed a criminal appeal (SJ) No.322 of 2004 before the Patna High Court against the State of Bihar. An amicus curiae, Mr. Saurabh Suman, was appointed to assist the court. The court received a report from the Superintendent of Police indicating that both appellants had died. In light of their deaths, the court considered whether the appeal could continue. The court concluded that the appeal could not proceed and therefore abated the proceedings.

Issues considered

Whether a criminal appeal can continue when all appellants are deceased

Subjects

appeal abatement
death of parties
criminal appeal
Patna High Court
amicus curiae

Judgment

                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.322 of 2004
                  ======================================================
                  1. Awadh Narayan Sharma, son of Late Ramautar Sharma
                  2. Tara Devi wife of late Ash Kumar Rai (Sharma) @ Shyamnandan Rai
                  (Sharma).
                          Both residents of village Dudha Mathia, P.S. Majhaulia, District-
                  West Champaran.

                                                                          ... ... Appellant/s
                                                   Versus
                  STATE OF BIHAR

                                                                 ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s   : Mr. Saurabh Suman, Amicus Curiae
                  For the Respondent/s  : Mrs. Amita Kumari Singh, APP
                  =====================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                          ORAL ORDER

11   09-01-2026                Mr. Saurabh Suman, who has been appointed as

                    Amicus Curiae vide order dated 24.09.2025, informs this

                    Court that pursuant to the order dated 24.09.2025, a report

                    has been received from the Superintendent of Police, West

                    Champran (Bettiah), wherein it is informed that both the

                    appellants, namely, Awadh Narayan Sharma and Tara Devi

                    have since been deceased.

                               2. In view of the aforesaid fact, this appeal stands

                    abated.




                                          (Praveen Kumar, J)
brajesh/-
U       T

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