IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1099 of 2009 ====================================================== Bhirgu Nath Yadav @ Bhirgu Yadav, S/o Sri Rama Shankar Yadav, R/o Vill.- Bhushi, P.S.- Dharaunda, Distt.- Siwan ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amir Alam, Adv. For the Respondent/s : Mr. D.K.Simha, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 14-05-2026 Perused the Letter No. 577 dated 12.05.2026 of the Superintendent of Police, Siwan, along with the report dated 11.05.2026 of Police Inspector-cum-S.H.O., Daraunda P.S., Siwan, as well as the certificate of death issued by Senior Resident, Department of Emergency Medicine, AIIMS, New Delhi, wherein it is indicated that the sole appellant, namely, Bhirgu Nath Yadav @ Bhirgu Yadav, 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.1099 of 2009(6) dt.14-05-2026 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