IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.998 of 2012 Arising Out of PS. Case No.-27 Year-2004 Thana- EKANGARSARAI District- Nalanda ====================================================== Baidyanath Mahto S/O Late Girdhari Mahto R/O Vill-Parthu, P.S.-Ekangar Sarai, Distt-Nalanda ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajendra Kumar, Sr. Advocate Mr. Pramod Kumar, Advocate Mr. Ritesh Kumar, Advocate Mr. Dhirendra Kumar, Advocate For the State : Mr. D.K.Sinha, A.P.P. For the Respondent/s : Mr. Sunil Kumar, Advocate Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 13-03-2026 Perused the Letter No. 325 dated 11.02.2026 of the Superintendent of Police, Nalanda, along with Memo No. 537 of 2026 dated 09.02.2026 of the S.H.O., Ekangarsarai Police Station, Nalanda, wherein it is indicated that during the enquiry it came to light that the sole appellant, namely, Baidyanath Mahto, is dead. 2. In view of the said report and Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and since no near relative has filed any application seeking Patna High Court CR. APP (DB) No.998 of 2012(5) dt.13-03-2026 2/2 leave to continue the appeal, the Criminal Appeal stands abated and is disposed of accordingly. 3. Let the Trial Court Records be sent back to the concerned Trial Court. Neha/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) U