IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4973 of 2025 Arising Out of PS. Case No.-289 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Satan @ Satyanarayan Rai S/o Bilash Rai R/o vill - Ramdas majhauli, P.S. - Bochaha, Distt.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 9727 of 2025 Arising Out of PS. Case No.-289 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1. Kailash Rai S/O Late Jiyalal Rai R/O Village- Ramdas Majhauli, P.S.- Bochaha, District- Muzaffarpur 2. Jagarnath Rai S/O Late Ramudar Singh R/O Village- Ramdas Majhauli, P.S.- Bochaha, District- Muzaffarpur 3. Mukesh Rai S/O Kailash Rai R/O Village- Ramdas Majhauli, P.S.- Bochaha, District- Muzaffarpur 4. Sanjeet Kumar @ Bhulan Rai @ Bhulan S/O Jagarnath Rai R/O Village- Ramdas Majhauli, P.S.- Bochaha, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 4973 of 2025) For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the State : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 9727 of 2025) For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the State : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 09-05-2025 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner in Cr. Misc. No. 4973 of 2025 and Mr. Krishna Kant Singh, learned counsel for the petitioners in Cr. Misc. No. Patna High Court CR. MISC. No.4973 of 2025(3) dt.09-05-2025 2/3 9727 of 2025 and Mr. Jitendra Kumar Singh, learned APP representing the State. 2. The petitioners are apprehending their arrest in connection with Bochaha P.S. Case No. 289 of 2023 for the offence under Sections 279, 337, 338, 304(A), 341, 323, 307, 304 and 34 of the Indian Penal Code, lodged on 08.06.2023 by the informant, Aman Kumar. 3. As per the prosecution story, the informant alleged that while returning home with brother Rajnish Kumar on motorcycle, it was dashed by an auto, both got injured and admitted to hospital where his brother Rajnish Kumar died. This led to the F.I.R. 4. Subsequently during investigation, the Police chanced upon a vide footage which gave an entirely different story inasmuch as according to the said video footage, alleging theft, Rajnish Kumar was brutally assaulted by the mob leading to his death. The witnesses after going through the video footage identified the assailants, including these petitioners. 5. Learned counsel for the petitioners jointly submit that the brother of the deceased himself has lodged an F.I.R., in that background, the authenticity of the video footage can be doubted. Patna High Court CR. MISC. No.4973 of 2025(3) dt.09-05-2025 3/3 6. Learned APP Mr. Jitendra Kumar Singh on the other hand has taken this Court to the learned Sessions Judge order to show that the video is part of the case diary and has been witnessed by court and has further recorded about the barbaric attack on the deceased against all civilized norms and the witnesses have identified these petitioners. 7. It is unfortunate that a country which runs by the Constitution/Indian Penal Code/Code of Criminal Procedure now renamed as Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita whereas the locals are hell bent upon to act as per their own law and believe in instant justice. The deceased, if allegation of theft was there, should have been handed over to the Police and could have faced the trial, instead, he was given death sentence by the accused and executed it too. 8. In that background, no relief can be extended. The anticipatory bail stands rejected. 9. However, if the petitioners surrender within a period of four weeks from today, the court concerned shall take up the matter and dispose it of preferably on the same day. vinayak/- (Rajiv Roy, J) U T