Sunil Tiwary And ANR v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.523 of 2004 ======================================================

1. Sunil Tiwary, Son of Late Dharmraj Tiwary

2. Sardanand Tiwary, Son of Late Brij Kishore Tiwary Both resident of Village- Suara, P.S.- Nokha (Baghila), Dist.- Rohtas ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Shailendra Kr. Singh, Adv.

For the Respondent/s :

Mr. S N Prasad, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-05-2026 Perused the Letter No. 435 dated 23.02.2026 of the Superintendent of Police, Rohtas along with the Report dated 22.02.2026 of the Sub-Inspector of Police, Baghila Police Station as well as the Certificate of Death dated 21.02.2026 of the Sarpanch of Gram Kachhari Rotwa, Block- Rajpur, Rohtas; wherein it is indicated that both the appellants, namely, Sunil Tiwary and Sardanand Tiwary, 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

Patna High Court CR. APP (DB) No.523 of 2004(4) dt.11-05-2026 2/2 disposed of.

3. Let the trial court record be sent back to the concerned court immediately, if not required in any other cases. (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) shivank/- U T