IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.190 of 2007 ====================================================== BINDESHWARI PRASAD YADAV @ BINDESHWARI YADAV, son of Late Basuki Prasad Yadav Resident of village – Jagatpur, P.S.- Sahu Parbatta (Naughachia), P.O. - Jagatpur, District- Bhagalpur. ... ... Appellant/s Versus STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sumant Singh, Advocate For the Respondent/s : A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 08-05-2026 Perused the Letter No. 290 dated 03.05.2026 of the Superintendent of Police, Naugachhia, Bhagalpur along with the report dated 03.05.2026 of the Police Inspector-cum-S.H.O. Parbatta P.S., Shambhuganj, wherein it is indicated that during enquiry, it came to light that the sole appellant, namely, Bindeshwari Prasad Yadav @ Bindeshwari Yadav, is dead and the death certificate of the appellant is 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 Bhartiya Nagarik Suraksha Sanhita, 2023, since no near relative has filed any application for leave to Patna High Court CR. APP (DB) No.190 of 2007(3) dt.08-05-2026 2/2 continue the appeal, the Criminal Appeal stands abated and 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