IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.803 of 2004 ====================================================== Jiwa Nand Giri, S/o Late Basudeo Giri, R/o Village-Madhodih, P.S. - Ujiyarpur, Dist. - Samastipur ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashutosh Kumar, 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) 4 12-05-2026 Perused the Letter No. 834 dated 09.05.2026 of the Superintendent of Police, Samastipur along with the report dated 07.05.2026 of Police Inspector-cum-S.H.O., Ujiyarpur P.S., Samastipur as well as the certificate of death dated 07.05.2026, issued by President, Ward No. 3, Block Ujiyarpur (Samastipur), wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Jiwa Nand Giri, is dead. 2. In view of the said letters 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.803 of 2004(4) 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. supratim/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T