IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1040 of 2009 ====================================================== Shekh Serajul @ Shekh Sarajul, Son of Late Shekh Madad, Resident of Village-Parsauni, Police Station-Sathi, District-West Champaran. ... ... Appellant/s Versus State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Bimlesh Kumar Pandey, 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) 3 11-05-2026 Perused the Letter No. 517 dated 30.04.2026 of the Superintendent of Police, West Champaran, Bettiah along with the report of S.H.O., Sathi Police Station dated 30.04.2026, wherein it is indicated that during enquiry it came to light that the sole appellant Shekh Serajul @ Shekh Sarajul has died. Death certificate of appellant issued by Department of Planning and Development, Government of Bihar, Patna has also been enclosed with the said report. 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.1040 of 2009(3) dt.11-05-2026 2/2 disposed of. 3. Let the trial court records be sent back to the concerned court immediately, if not required in any other case. guddukr/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U