IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.959 of 2008 ====================================================== Rabindra Mahto, Son of Ramdeo Prasad, Resident of Village-Basudeopur, Police Station-Kalayanpur, District-Samastipur. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sujit Kumar Singh, Advocate For the Respondent/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 12-05-2026 Perused the Letter No. 968 dated 10.05.2026 of the Superintendent of Police, Samastipur along with the report of Police Inspector cum S.H.O., Kalyanpur, Samastipur dated 07.05.2026, wherein it is indicated that during enquiry it came to light that the sole appellant Rabindra Mahto has died. Death certificate of the appellant issued by Department of Planning and Development, Government of Bihar, Patna has also been enclosed with the said report. 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.959 of 2008(3) dt.12-05-2026 2/2 disposed of. 3. Let the trial court records be sent back to the concerned court immediately, if not required in any other case. ranjan/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U