IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1217 of 2011 Arising Out of PS. Case No.-336 Year-2005 Thana- SAMASTIPUR District- Samastipur ====================================================== MAHESH MAHTO S/O Indra Mahto Resident Of Village- Dharampur, P.S.- Town, District- Samastipur. ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rakesh Kumar, Advocate For the Respondent/s : Mr. G.P.Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 01-05-2026 Perused the Letter No. 211 dated 16.02.2026 of the Superintendent of Police, Samastipur along with the Report dated 13.02.2026 of the Police Inspector-cum-S.H.O, Town Police Station, Samastipur, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Mahesh Mahto, 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.1217 of 2011(5) dt.01-05-2026 2/2 3. Let the trial court record be sent back to the concerned court immediately, if not required in any other cases. Neha/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U