IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1391 of 2008 ====================================================== Bineshwar Bhuiyan @ Bindeshwari Bhuiyan, S/o late Phaguni Bhuiyan, R/o Vill. Kona, P.S. Rafiganj, District - Aurangabad ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amarendra Kumar Singh, Advocate For the Respondent/s : Mr. D.K.Sinha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 08-05-2026 Perused the Letter No. 1270 dated 02.05.2026 of the Deputy Superintendent of Police, Aurangabad along with the report dated 29.04.2026 of the Police Inspector, Rafiganj P.S., wherein it is indicated that during enquiry, it came to light that the sole appellant, namely, Bineshwar Bhuiyan @ Bindeshwari Bhuiyan, is dead and the death certificate of the appellant is 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 disposed of. Patna High Court CR. APP (DB) No.1391 of 2008(5) dt.08-05-2026 2/2 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