IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.59 of 2012 Arising Out of PS. Case No.-240 Year-2009 Thana- RAHUI District- Nalanda ====================================================== ISHWAR PRASAD@BHAGWAN PRASAD S/O Late Mahavir Mahto R/O Vill. Paithna, P.S. Rahui Wena Distt. Nalanda ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Harish Kumar, Advocate For the Respondent/s : Mr. A.Sharma, A.P.P. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 24-04-2026 Perused the Letter No. 453 dated 14.02.2026 of the Superintendent of Police, Nalanda along with the Report dated 09.02.2026 of the S.H.O, Wena Police Station, Nalanda, wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Ishwar Prasad @ Bhagwan Prasad, 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.59 of 2012(5) dt.24-04-2026 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