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2008 DAILYLAW 1856 (PAT)

MAHENDRA RAI v. STATE OF BIHAR

CR. APP (DB)/48/2008 · 2026-05-11

Harish Kumar

Criminal Appealbody2008

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.48 of 2008 ====================================================== Mahendra Rai, S/o Shri Amvika Rai, R/o Village-Majhauliya, P.S.-Mehasi, Dist.-East Champaran ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bhavesh Kumar, Adv. 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) 4 11-05-2026 Perused the Letter No. 841 dated 04.05.2026 of the Superintendent of Police, East Champaran, Motihari along with the report dated 04.05.2026 of S.H.O., Jaibajrang P.S., East Champaran, Motihari as well as the certificate of death dated 04.05.2026, issued by the Mukhiya, Gram Panchayat, Raj Partapur, Block-Mehsi, East Champaran, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Mahendra Rai, 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.48 of 2008(4) 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