IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.839 of 2008 ====================================================== Md. Gaffar, S/o Md. Aziz Mian, R/o Village-Karimpur Kataka, P.s.-Paliganj, District-Patna ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar, Adv. For the Respondent/s : Mr. S.Dayal, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 11-05-2026 Perused the Letter No. 1855 dated 03.05.2026 of the Senior Superintendent of Police, Patna along with the letter dated 01.05.2026 of S.H.O., Paliganj P.S., Karimpur, Patna as well as the certificate of death dated 01.05.2026, issued by the Mukhiya, Gram Panchayat Katka Peygambarpur, Block- Paliganj, District-Patna, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Md. Gaffar, 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.839 of 2008(5) dt.11-05-2026 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 T