Joytish Mahto v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.424 of 2009 ====================================================== Joytish Mahto, Son of Late Pancha Nand Mahto, Resident of VillageGowabakhar, Police Station-Banka, District-Banka. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sita Ram Yadav, Advocate For the Respondent/s :

Mr.G.P.Jaiswal, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-05-2026 Perused the Letter No. 951 dated 08.05.2026 of the Superintendent of Police, Banka along with the report of Police Inspector cum S.H.O., Banka Police Station, Banka dated 04.05.2026, wherein it is indicated that during enquiry it came to light that the sole appellant Joytish Mahto has died. Death Certificate of the appellant issued by Department of Planning and Development, Government of Bihar, Patna, has also been enclosed with the said report.

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 continue the appeal, the Criminal Appeal stands abated and

Patna High Court CR. APP (DB) No.424 of 2009(3) dt.12-05-2026 2/2 disposed of.

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