IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.766 of 2010 ====================================================== Md. Ataur Rahman S/O Late Haji Mumtaz R/O Mohalla-Alibax, P.S.- Nathnagar, Distt.-Bhagalpur. ... ... Appellant/s Versus State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Praveen Kumar, Advocate For the Respondent/s : Mr. Abhimanyu Sharma, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 05-05-2026 Perused the Letter No. 750 dated 29.04.2026 of the Senior Superintendent of Police, Bhagalpur along with the report of Police Inspector cum SHO, Nathnagar, Police Station, Bhagalpur dated 26.04.2026, wherein it is indicated that during enquiry it came to light that the sole appellant Md. Ataur Rahman, has died. 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.766 of 2010(3) dt.05-05-2026 2/2 3. Let the trial court records be sent back to the concerned court immediately, if not required in any other case. ranjan/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U