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Patna High CourtCR. APP (DB)/128/1996abated

Ismail Shah And ANR v. State Of Bihar

2025-08-21Mr. Justice Mohit Kumar Shah,Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.128 of 1996 ======================================================

1. Ismail Shah, son of Late Jhulan Shah.

2. Mohiuddin Shah, son of Late Karu Shah.

Both resident of village Saria, P.S. Madanpur, District Aurangabad. ... ... Appellants.

Versus

The State of Bihar. ... ... Respondent. ====================================================== Appearance :

For the Appellant/s :

Md. Nadim Seraj, Advocate For the Respondent/s :

Mr. Sujit Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 21-08-2025 We find from the records that a letter dated 11.01.2024 has been sent by the Superintendent of Police, Aurangabad to this Court, wherein it has been stated that the appellants of the present appeal, namely, Ismail Shah and Mohiuddin Shah have died about ten years and three-four years back respectively and, in proof thereof, a certificate issued by the Mukhiya, Gram Panchayat Bar, P.S. Madanpur, District Aurangabad dated 09.01.2024, has been annexed in which the said Mukhiya, namely, Shivpujan Ram has stated that the appellant no.1 has died about ten years back, while appellant no.2 has died about three-four years back.

2. In view of the report of the Superintendent of Police, Aurangabad, as aforesaid, we have no reason to disbelieve the factum of death of the appellants aforesaid, hence

Patna High Court CR. APP (DB) No.128 of 1996(6) dt.21-08-2025 2/2 the Criminal Appeal (DB) No.128 of 1996 stands abated.

3. Let the records of the aforesaid Criminal Appeal (DB) No.128 of 1996 be consigned to the records. (Mohit Kumar Shah, J) (Soni Shrivastava, J) devendra/- U T