Baban Sah v. The State Of Bihar

Patna HC16 Jun 2025CR. APP (DB)/1384/2017

Case brief

AI extract

What is this about?

Abatement of criminal appeal upon death of sole appellant during pendency; Patna High Court Criminal Appeal (DB) No. 1384 of 2017, decided 16-06-2025; Baban Sah v. The State of Bihar; sentence of life imprisonment; Sessions Trial No. 368 of 2009; Sahar P.S. Case No. 44 of 2009; District Bhojpur; death of appellant on 13.06.2023 at Sadar Hospital, Buxar; report of Superintendent, Central Jail, Buxar dated 15.05.2025 pursuant to order dated 08.05.2025; postmortem report and death certificate dated 13.06.2023; records consigned; L.C.R. returned to 4th Additional District and Sessions Judge, Bhojpur, Arrah.

What did the court decide?

Appeal stands abated on the death of the sole appellant; records of the appeal consigned; L.C.R. of Sessions Trial No. 368 of 2009 to be returned to the Court of 4th Additional District and Sessions Judge, Bhojpur, Arrah.

Baban Sah Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1384 of 2017

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Arising Out of PS. Case No.-44 Year-2009 Thana- SAHAR District- Bhojpur

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======================================================

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Baban Sah S/o Shri Shiv Sahay Sah, Resident of Village- Koran- Dihari, P.S.Sahar, District- Bhojpur Arrah.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Ujjawal Kr. Singh, Advocate Mr. Pankaj Kr. Singh, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Dilip Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and

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HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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11 16-06-2025 In pursuance to our earlier order dated 08.05.2025,

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the Superintendent, Central Jail, Buxar has sent a letter dated 15.05.2025, wherein he has mentioned that the appellant of the present case i.e. Baban Sah, who was undergoing sentence of life imprisonment has died on 13.06.2023 at about 11:35 a.m. while undergoing treatment at Sadar Hospital, Buxar and in support thereof he has annexed postmortem report dated 13.06.2023 as also the certificate of death of the appellant herein issued on 13.06.2023 by the District Hospital, Buxar.

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Having regard to the aforesaid facts and circumstances of the case and considering the fact that the sole

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Patna High Court CR. APP (DB) No.1384 of 2017(11) dt.16-06-2025 2/2

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appellant has died during the interregnum period, the aforesaid appeal stands abated.

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The records of the present appeal are consigned.

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Let the L.C.R. in connection with Sessions Trial No. 368 of 2009 (arising out of Sahar P.S. Case No. 44 of 2009) be returned back to the learned Court of 04^th Additional District and Sessions Judge, Bhojpur, Arrah.

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(Mohit Kumar Shah, J)

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(Shailendra Singh, J)

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S.Sb/-

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Baban Sah v. The State Of Bihar

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Baban Sah v. The State Of Bihar

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