IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.70 of 2008 ====================================================== MD. KALAM, S/o Md. Shabid, R/o Vill. Dohma, P.S. Biraul, District - Darbhanga ... ... Appellant/s Versus STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mohammad Sufyan, Advocate For the Respondent/s : Mr. Dilip Kumar 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. 521 dated 29.04.2026 of the Senior Superintendent of Police, Darbhanga along with the report dated 29.04.2026 of the Probationary Police Inspector, Biraul P.S., Darbhanga, wherein it is indicated that during enquiry, it came to light that the sole appellant, namely, Md. Kalam, is dead and the death certificate of the appellant 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 disposed of. Patna High Court CR. APP (DB) No.70 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