IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.946 of 2011 ====================================================== Mohd. Akhatar, S/o Mohd. Atabul, R/o Village - Telwa, P.S. Mahishi, District - Saharsa ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rakesh Singh, Adv. For the Respondent/s : Mr. S. C. Mishra, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 14-05-2026 Perused the Letter No. 464 dated 09.05.2026 of the Superintendent of Police, Saharsa, along with the report dated 09.05.2026 of S.H.O., Jalai P.S., Saharsa, as well as the Death Certificate issued on 24.01.2026, issued by Department of Planning and Development, Government of Bihar, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Mohd. Akhatar, 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 disposed of. Patna High Court CR. APP (DB) No.946 of 2011(3) dt.14-05-2026 2/2 3. Let the trial court record be sent back to the concerned court immediately, if not required in any other cases. supratim/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U T