IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.945 of 2009 ====================================================== KAMLESHWARI SAH @ BAMTHU SAH S/O Late Yadu Sah R/O Vill.- Itahara, P.S.- Araria, Distt.- Araria ... ... Appellant/s Versus STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ramesh Kumar Singh, Advocate For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 15-05-2026 Perused the Letter No. 670 dated 03.05.2026 of the Superintendent of Police, Araria, along with the Report dated 02.05.2026 of the S.H.O., R.S. Police Station, Araria as well as the Death Certificate, which was issued by the Department of Planning and Development, Government of Bihar; wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Kamleshwari Sah @ Bamthu Sah, is dead. 2. In view of the said letter 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 disposed of. Patna High Court CR. APP (DB) No.945 of 2009(5) dt.15-05-2026 2/2 3. Let the trial court records be sent back to the concerned court immediately, if not required in any other cases. Neha/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T