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2002 DAILYLAW 1476 (PAT)

MD. ISMAIL @ SK. ISMAIL v. STATE OF BIHAR

CR. APP (DB)/685/2002 · 2026-05-12

Harish Kumar

Criminal Appealbody2002

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.685 of 2002 ====================================================== Md. Ismail @ Sk. Ismail, Son of Late Md. Kuddus, Resident of village- Sikorna, P.S.- Kadwa, Dist- Katihar. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bhola Prasad, Adv. For the Respondent/s : Mr. APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 12-05-2026 Perused the Report No. 350 dated 04.05.2026 of the Superintendent of Police, Katihar along with the Report dated 28.04.2026 of the Inspector of Police-cum-S.H.O., Kadwa Police Station, Katihar as well as the Certificate of Death dated 30.07.2025 of the Mukhiya of Gram Panchayat- Raj Sikorna, Block-Kadwa, Katihar; wherein it is indicated that the sole appellant, namely, Md. Ismail @ Sk. Ismail, is dead. 2. In view of the said letter as also Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated and disposed of. Patna High Court CR. APP (DB) No.685 of 2002(5) dt.12-05-2026 2/2 3. Let the trial court record be sent back to the concerned court immediately, if not required in any other cases. shivank/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T