IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80466 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- JAHANABAD District- Jehanabad ======================================================

1. Raj Deep S/o Binod Kumar Raut R/o Village - Ambedkar Nagar, P.S -

Jehanabad, District - Jehanabad

2. Sagar Deep S/o Binod Kumar Raut R/o Village - Ambedkar Nagar, P.S -

Jehanabad, District - Jehanabad

3. Binod Kumar Raut S/o Late Ramnath Ram R/o Village - Ambedkar Nagar, P.S - Jehanabad, District - Jehanabad ... ... Petitioner/s Versus

1. The State of Bihar

2. Amit Kumar S/o Mantu Das R/o Village - Ambedkar Nagar, P.S - Jehanabad, District - Jehanabad ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ratnakar Jha, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL JUDGMENT

Date : 27-01-2026 Heard learned counsel for the petitioner and the learned Counsel appearing on behalf of O.P. No. 2. The State is represented by the learned APP.

2. The present application has been preferred by the petitioners challenging the order dated 15.09.205 passed in Sessions Trial No. 445 of 2024, arising out of Jehanabad Town P.S. Case No. 202 of 2024, by the learned District and Additional Sessions Judge-II, Jehanabad.

3. The facts giving rise to the present application to the effect that O.P. No. 2 gave a fardbeyan before the Town Police Station, Jehanabad alleging therein that while his father was sleeping in the house, the petitioners entered his house variously armed with lathi, danda, etc. and started assaulting his father who received injuries and fell down. It is further alleged that the informant with the help of others brought his father to the Sadar Hospital, Jehanabad for treatment and during the course of treatment he died on 11.03.2024.

4. Learned counsel for the petitioners submits that upon submission of the charge-sheet the trial had proceeded after framing of charge and between 22.10.2024 to 06.08.2025, seven prosecution witnesses were examined. It has been submitted that out of the aforesaid seven witnesses, P.W. 1 is the Doctor who conducted the post-mortem of the dead body and P.W. 7 is the Station House Officer, Jehanabad Town Police Station while P.W. 3 is the informant of the present case and P.Ws. 2, 4, 5 and 6 were the interested witnesses.

5. Learned counsel for the petitioners submits that during the pendency of the Sessions Trial No. 445 of 2024, while the defence witnesses were being examined, an application under Section 233(3) of the Cr.P.C. was filed on behalf of the petitioners (defence) on 23.08.2025 in which a prayer was made to issue notice to the Civil Surgeon, Jehanabad and SHO, Jehanabad Town Police Station to produce the documents relating to the treatment of the deceased and audio-video clips of Jehanabad Town Police Station House dated 11.03.2024.

6. It has been submitted that the learned APP filed a rejoinder praying for rejection of the said petition and the learned District and Additional Sessions Judge-II, Jehanabad after hearing the parties, rejected the application of the petitioners vide the impugned order dated 23.08.2025 recording that the application was filed by the defence only to delay the trial.

7. Learned counsel for the petitioners submits that by the impugned order, the learned trial court has erred in rejecting the application of the petitioners as from the deposition of P.W. 5, it would be clear that the deceased was in conscious mind during his treatment, but his statement was not recorded and such fact can be proved only from the prescriptions of the doctor and treatment chart of the deceased register of Emergency No. 8870 dated 10.03.2024. It is further submitted that the doctor of Sadar Hospital, Jehanabad and SHO, Jehanabad Town Police Station are also necessary to be issued directions to produce