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Patna High CourtCR. APP (DB)/445/2004abated

Babaji Yadav @ Dilip Yadav v. State Of Bihar

2026-04-03The Chief Justice,Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.445 of 2004 ====================================================== Babaji Yadav @ Dilip Yadav, Son of Bindi @ Bindeshwari Yadav, resident of Village-Gardhia, P.S. Kumarkhand, District-Madhepura ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dinesh Prasad Verma, Adv.

For the Respondent/s :

Mr. APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-04-2026 Perused the Letter No. 257 dated 16.02.2026 of the Superintendent of Police, Madhepura along with the Report dated 14.02.2026 of S.H.O, Kumarkhand Police Station as well as the Death Certificate dated 09.12.2024 issued by the Department of Planning and Development, Government of Bihar; wherein it is indicated that during enquiry it came to light that the sole appellant, namely, Babaji Yadav @ Dilip Yadav, 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

Patna High Court CR. APP (DB) No.445 of 2004(6) dt.03-04-2026 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) shivank/- U T