Patna High Court

SHANKAR RAIversusSTATE OF BIHAR

Decided: 16 January 2026
Disposal: ABATED
Bench: PRAVEEN KUMAR

Holding

The appeal stands abated because the appellant, Shankar Rai, is deceased.

Summary

The appellant, Shankar Rai, filed a criminal appeal (SJ) No.468 of 2004 against the State of Bihar. During the pendency of the appeal, the court received a report that the appellant had died fifteen years earlier, and the person who had sworn the appellant's affidavit had also died two years earlier. The court examined whether the appeal could continue in light of the appellant's death. It held that an appeal cannot proceed against a deceased party and therefore cannot be adjudicated. Consequently, the appeal was deemed abated. No substantive merits of the criminal case were addressed, and the matter was closed on procedural grounds.

Issues considered

Can a criminal appeal be continued when the appellant is deceased?

Subjects

abated appeal
death of appellant
procedural law
criminal procedure

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL APPEAL (SJ) No.468 of 2004
                  ======================================================
                  SHANKAR RAI

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

                                                                 ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s   :      Mr. Kaushal Kumar Jha, Sr. Advocate
                                               Mr. Shankar Kr. Choudhary, Adv.
                  For the Respondent/s  :      Mr. S Ashfaque Ahmad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                          ORAL ORDER

7    16-01-2026               Pursuant to the order dated 23.09.2025, a report

                   contained in letter No. 884 dated 03.11.2025 has been

                   received to this Court, wherein it is informed by the

                   Superintendent of Police, East Champaran, Motihari that the

                   sole appellant, namely, Shankar Rai has died 15 years ago

                   while Chhathu Rai, who had sworn the affidavit of the

                   present appellant, has also died two years back.

                              2. In the intervening facts and circumstances, the

                   appeal stands abated against the sole appellant, namely,

                   Shankar Rai.



                                        (Praveen Kumar, J)
brajesh/-
U       T

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