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2006 DAILYLAW 1329 (PAT)

AKALU SHARMA and ANR v. THE STATE OF BIHAR

CR. APP (DB)/206/2006 · 2026-05-13

Harish Kumar

Criminal Appealbody2006

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.206 of 2006 ====================================================== 1. Akalu Sharma S/o Mehi Sharma, R/o Vill.- Chandi, P.S. Charpokhari, District- Bhojpur. 2. Lal Mohar Mushar S/o Sukhu Mushar @ Sukhram Mushar, R/o Vill.- Bardiha, P.S. Charpokhari, District- Bhojpur. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bhavesh Kumar, Advocate For the Respondent/s : APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 8 13-05-2026 Perused the report dated 03.05.2026 of the Superintendent of Police, Bhojpur, Ara along with the report dated 29.04.2026 of the Police Inspector-cum-S.H.O., Charpokhari P.S., wherein it is indicated that during enquiry, it came to light that both the appellants, namely, Akalu Sharma and Lal Mohar Mushar are dead and the death certificates of the appellants are annexed with the said report. 2. In view of the said reports as also section 394 of the Code of Criminal Procedure, 1973, which corresponds to section 435 of the Bhartiya 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.206 of 2006(8) dt.13-05-2026 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. shailendra/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T