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2007 DAILYLAW 1964 (PAT)

SURESH MAHTO v. STATE OF BIHAR

CR. APP (DB)/167/2007 · 2026-05-06

Harish Kumar

Criminal Appealbody2007

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.167 of 2007 ====================================================== Suresh Mahto, S/O Late Narayan Mahto, resident of Village-Bishnupur, P.S.- Town Begusarai (Bahor-Sukun Tola), District-Begusarai. ... ... Appellant/s Versus The State of Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nakul Kumar Jamuar, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 06-05-2026 Perused the Letter No. 985 dated 26.04.2026 of the Superintendent of Police, Begusarai, along with the Report dated 25.04.2026 of the Police Inspector-cum-S.H.O., Town Police Station, Begusarai as well as the Death Certificate, which was issued by the Department of Planning and Development, Government of Bihar; wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Suresh Mahto, 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 Patna High Court CR. APP (DB) No.167 of 2007(3) dt.06-05-2026 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. guddukr/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U