IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.38 of 2011 ====================================================== Chowa Mian @ Choba Mian S/O Jago Mian R/O Vill- Marwero, P.S- Khaira, Distt- Jamui ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Akhauri Kamal Kishore Sahay, Advocate For the Respondent/s : Mr.A.K.Sinha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 11-05-2026 Perused the Letter No. 524 dated 05.05.2026 of the Superintendent of Police, Jamui along with the report dated 04.05.2026 of the S.H.O., Garhi P.S., wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Chowa Mian @ Choba Mian, is dead and the death certificate of the appellant is annexed with the said report. 2. In view of the said reports 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. 3. Let the trial court record be sent back to the Patna High Court CR. APP (DB) No.38 of 2011(4) dt.11-05-2026 2/2 concerned court immediately, if not required in any other cases. guddukr/- (Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) U T