Damodar Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.528 of 2008 ====================================================== Damodar Mahton son of Sukkar Mahto, R/o Village-Basgarha, Police StationMedni Chour, District-Lakhisarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rakesh Kumar, Advocate For the Respondent/s :

Mr.Dilip Kumar Sinha, APP ====================================================== 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. 596 dated 30.04.2026 of the Superintendent of Police, Lakhisarai along with the report of S.H.O., Medni Chowki Police Station, wherein it is indicated that during enquiry it came to light that the sole appellant Damodar Mahton, has died. Certificate of death issued by Ward Member of Ward No. 2, Gram Panchayat Raj, Banshipur, Suryagarha, has also been enclosed with the said report.

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 disposed of.

Patna High Court CR. APP (DB) No.528 of 2008(4) dt.07-05-2026 2/2

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