A criminal appeal was dismissed because reports confirmed the sole appellant's death, resulting in the appeal abating and the non-bailable warrant being recalled.
The appeal abated due to the appellant's death; non-bailable warrant recalled.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.72 of 1996
======================================================
Akhilesh Kumar, S/o Surendra Prasad Singh @ Surendra Singh, resident of Village-Sikariya, P.S. Masaurhi, District-Patna.
... ... Appellant.
Versus
The State Of Bihar
... ... Respondent ====================================================== Appearance : For the Appellant/s : Mr. Kumar Alok, Advocate For the Respondent/s : Km. Shashji Bala Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 23-06-2022
From perusal of record, it appears that vide order dated 24-11-2021, a report was called for from Superintendent of Police, Patna for ascertaining that whether the sole appellant namely, Akhilesh Kumar, S/o Surendra Prasad Singh @ Surendra Singh, resident of Village-Sikariya, P.S. Masaurhi, District-Patna is alive or dead. Further, non-bailable warrant was also issued against him.
In pursuance of the order dated 24-11-2021, a report dated 18-12-2021 has been submitted by learned Additional District & Sessions Judge-XI, Patna and a report dated 29-12-
Patna High Court CR. APP (DB) No.72 of 1996(5) dt.23-06-2022 2/2
2021 has also been submitted by the Sr. Superintendent of Police, Patna. From perusal of the aforesaid reports, it appears that the sole appellant, namely, Akhilesh Kumar, S/o Surendra Prasad Singh @ Surendra Singh, resident of Village-Sikariya, P.S. Masaurhi, District-Patna has died.
Accordingly, in the light of the reports submitted by the learned Additional District & Sessions Judge-XI, Patna and the Sr. Superintendent of Police, Patna, the appeal stands abated.
The non-bailable warrant issued against the appellant vide order dated 24-11-2021, passed by a co-ordinate Bench of this court also stands recalled.
The appeal is consigned to records.
(Sudhir Singh, J)
( Chandra Prakash Singh, J)
A.K.V.//-
U T
Akhilesh Kumar
The State Of Bihar
Sudhir Singh
Chandra Prakash Singh
As recorded by the court registry
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