IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.470 of 2005 ====================================================== Bindeshwari Mahto, S/o Late Badri Mahto, R/o Village-Haripur, P.S.-Rosera, Dist.-Samastipur ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aditya Prakash Sahay, 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) 13 12-05-2026 Perused the Letter No. 851 dated 09.05.2026 of the Superintendent of Police, Samastipur along with the report dated 08.02.2026 of Police Inspector-cum-S.H.O., Rosera P.S., Samastipur as well as the certificate of death dated 07.02.2026, issued by Mukhiya of Gram Panchayat Raj Haripur, Block Rosera, Samastipur, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Bindeshwari Mahto, 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 Patna High Court CR. APP (DB) No.470 of 2005(13) dt.12-05-2026 2/2 disposed of. 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