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2003 DAILYLAW 1350 (PAT)

ARVIND KUMAR MAHTON v. STATE OF BIHAR

CR. APP (DB)/38/2003 · 2026-05-08

Harish Kumar

Criminal Appealbody2003

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.38 of 2003 ====================================================== 1. Arvind Kumar Mahton, Son of Late Rameshwar Jha. 2. Ashok Jha, Son of Ram Prakash Jha. 3. Ram Balak Rai, Son of Baldeo Rai. All resident of Village-Bardaha, P.S.-Khodawandpur, District-Begusarai. ... ... Appellant/s Versus The State of Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manohar Pd.Singh, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 08-05-2026 Perused the Letter No. 1116 dated 30.04.2026 of the Superintendent of Police, Begusarai, along with the Report dated 30.04.2026 of the S.H.O., Chohari Police Station, Begusarai, as well as the Death Certificates of Arvind Kumar Mahton and Ram Balak Rai, issued by the Department of Planning and Development, Government of Bihar, wherein it has been indicated that during enquiry, it came to light that the appellants, namely, Arvind Kumar Mahton, Ashok Jha and Ram Balak Rai, are dead. 2. In view of the said letters and also in view of Section 394 of the Code of Criminal Procedure, 1973, corresponding to Section 435 of the Bharatiya Nagarik Suraksha Patna High Court CR. APP (DB) No.38 of 2003(4) dt.08-05-2026 2/2 Sanhita, 2023, and since no near relative has filed any application seeking leave to continue the appeal, the Criminal Appeal stands abated and is accordingly disposed of. 3. Let the trial court records be sent back to the concerned court forthwith, if not required in connection with any other case. guddukr/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U