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Patna High CourtCR. APP (DB)/98/1996abated

Dev Nath Mistry v. State Of Bihar

2025-09-20Mr. Justice Mohit Kumar Shah,Justice Smt. G. Anupama Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.98 of 1996 ====================================================== DEV NATH MISTRY ... ... Appellant/s

Versus

STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kaushal Kr. Jha, Sr. Advocate Mr.Amish Kumar, Advocate Mr.Prabhakar Thakur, Advocate Mr.Shankar Kumar Choudhary, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 20-09-2025

1. Perused the report of the Senior Superintendent of Police, Patna dated 27.05.2025 wherein it has been mentioned that the appellant of the aforesaid appeal namely, Dev Nath Mistry has died and in support thereof, a report of the Inspector of Police-cum-Officer-Incharge, Parsa Bazar PS dated 28.01.2024 has been enclosed regarding the factum of death of the sole appellant. The Inspector of Police-cum-Officer-Incharge, Parsa Bazar PS has also enclosed a Certificate issued by the

Patna High Court CR. APP (DB) No.98 of 1996(3) dt.20-09-2025 2/2 Mukhiya, Gram Panchayat-Chilbilli, Phulwarisharif, Patna dated 29.01.2024 with his letter dated 28.01.2024 wherein it has been certified that the sole appellant of the present appeal has died about 17 years back.

2. We do not have any reason to disbelieve the aforesaid factum of the death of the sole appellant. Hence, the present appeal stands abated.

3. Let the records of the aforesaid appeal be consigned to the Record Room.

(Mohit Kumar Shah, J) ( G. Anupama Chakravarthy, J) vinita/- U