IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1052 of 2008 ====================================================== 1. Rajendra Mahto, S/o late Aklu Mahto 2. Makun Mahto, S/o late Nanku @ Nanki Mahto Both R/o Vill. Sherpur Narsari Barbatta, P.S. Sarairanjan, District Samastipur ... ... Appellant/s Versus STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sachchidanand Choudhary, Advocate For the Respondent/s : Mr. G.P. Jaiswal, APP ====================================================== 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. 469 dated 26.04.2026 of the Superintendent of Police, Samastipur along with the report dated 24.04.2026 of the Assistant Superintendent of Police -cum-S.H.O., Sarairanjan, wherein it is indicated that during enquiry, it came to light that both the appellants, namely, Rajendra Mahto and Makun Mahto, are dead and the death certificate of both the appellants 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 continue the appeal, the Criminal Appeal stands abated and Patna High Court CR. APP (DB) No.1052 of 2008(3) dt.08-05-2026 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. shailendra/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T