IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.852 of 2004 ====================================================== Kamal Rai, Son of Late Ramdhari Rai, Resident of Village- Baijnathpur, P.S.- Chiraiya, Dist.- East Champaran. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashutosh Kumar, Adv. For the Respondent/s : Mr. Dilip Kumar Sinha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 11-05-2026 Perused the Letter No. 851 dated 04.05.2026 of the Superintendent of Police, East Champaran, Motihari along with the Report dated 03.05.2026 of the S.H.O., Chiraiya Police Station as well as the Certificate of Death dated 03.05.2026 of the Mukhiya of Gram Panchayat, Raj Khoda, Block- Chiraiya, East Champaran; wherein it is indicated that the sole appellant, namely, Kamal Rai, 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.852 of 2004(5) dt.11-05-2026 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