IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.152 of 2004 ====================================================== Munna Pathak Son of Late Dina Nath Pathak, Resident of Village-Chhoti Bhais Diyara, Police Station-Barari, District-Katihar. ... ... Appellant/s Versus State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ajay Kumar 2, Advocate For the Respondent/s : Mr.S.N. Prasad, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17 01-05-2026 Perused the Letter No. 97 dated 09.02.2026 of the Superintendent of Police, Katihar along with the report of Police Sub Inspector, Barari Police Station dated 07.02.2026, wherein it is indicated that during enquiry it came to light that the sole appellant Manna Pathak, has died. Certificate of death issued by Ward Councillor of Ward No. 12, Gram Panchayat Raj- Laxmipur, Block-Barari, District-Katihar has also been enclosed with the said report. 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 Patna High Court CR. APP (DB) No.152 of 2004(17) dt.01-05-2026 2/2 disposed of. 3. Let the trial court records be sent back to the concerned court immediately, if not required in any other case. ranjan/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U