Masahru Sah And ANR v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.171 of 2005 ======================================================

1. Musahru Sah, Son of Late Awadh Sah.

2. Kausalya Devi, Wife of Musahru Sah.

Resident of Jailakh Sakarpura, P.S.-Bakhri, District-Begusarai. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pramod Manbansh, Advocate For the Respondent/s :

Mr. Binod Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-05-2026 Perused the Letter No. 1124 dated 30.04.2026 of the Superintendent of Police, Begusarai, along with the Report dated 30.04.2026 of the Police Inspector-cum-S.H.O., Bakhri Police Station, Begusarai, as well as the Death Certificates issued by the Department of Planning and Development, Government of Bihar, wherein it is indicated that, during enquiry, it came to light that both the appellants, namely, Musahru Sah and Kausalya Devi, are dead.

2. In view of the said letters 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.171 of 2005(5) dt.07-05-2026 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. (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) Neha/- U