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2012 DAILYLAW 1729 (PAT)

Bankey Choudhary and Ors. v. The State Of Bihar

CR. APP (DB)/900/2012 · 2026-04-24

Harish Kumar

Criminal Appealbody2012

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.900 of 2012 Arising Out of PS. Case No.-103 Year-1987 Thana- BIHAR District- Nalanda ====================================================== 1. Bankey Choudhary and Ors. S/O Late Rohan Choudhary Resident Of Village- Basak Saidi, P.S.- Rahui, District- Nalanda 2. Sita Yadav S/O Late Bundi Yadav Resident Of Village- Basak Saidi, P.S.- Rahui, District- Nalanda 3. Ram Briksh Yadav S/O Late Gobardhan Yadav Resident Of Village- Saidally, P.S.- Rahui, District- Nalanda ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. A.K.Sinha, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 24-04-2026 Perused the Letter No. 365 dated 12.02.2026 of the Superintendent of Police, Nalanda along with the Report dated 10.02.2026 of the A.S.I.-cum-S.H.O, Rahui Police Station, Nalanda, wherein it is indicated that during enquiry it came to light that the appellants, namely, Bankey Choudhary, Sita Yadav and Ram Briksh Yadav, are 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 Patna High Court CR. APP (DB) No.900 of 2012(4) dt.24-04-2026 2/2 continue the appeal, the Criminal Appeal stands abated and disposed of. 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