IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.541 of 2005 ====================================================== Khilafat Hussain, Son Of Late Siyakat Hussain, R/O, Village- Mohib Ali Chak, P.S.- Habibpur (Jagdispur), District-Bhagalpur. ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. R.A.Hussaini, Advocate For the State : Mr. Sujit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 27-02-2026 Perused the Letter No.288 dated 09.02.2026 of the Senior Superintendent of Police, Bhagalpur along with the Report No. 129 of 2026 dated 05.02.2026 of the Police Inspector-cum-S.H.O., Habibpur, Bhagalpur, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Khilafat Hussain, is dead and a photocopy of the death certificate of the appellant has been annexed with the said report. 2. In view of the said report as also section 394 of the Code of Criminal Procedure, 1973, which corresponds to section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Patna High Court CR. APP (DB) No.541 of 2005(4) dt.27-02-2026 2/2 since no near relative has filed any application for leave to continue the appeal, the Criminal Appeal stands abated and disposed of. guddukr/- (Sangam Kumar Sahoo, CJ) (Nawneet Kumar Pandey, J) U T