Yashpal Ray @ Yashpal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26844 of 2025 Arising Out of PS. Case No.-238 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== 1.
Yashpal Ray @ Yashpal Kumar S/o Ganesh Bishwas @ Ganesh Prasad Bishwas R/o Vill.- Aurahi, Ward No.- 9, Chauri Tola, P.S.- Simraha, Distt.- Araria 2.
Sunil Kumar Mandal S/o Punyanand Mandal R/o Vill.- Aurahi, Ward No.- 9, Chauri Tola, P.S.- Simraha, Distt.- Araria 3.
Shishupal Roy @ Shishupal Kumar S/o Ganesh Biswas @ Ganesh Prasad Bishwas R/o Vill.- Aurahi, Ward No.- 9, Chauri Tola, P.S.- Simraha, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in connection with Forbesganj (Simraha) P.S. Case No. 238 of 2021 for the offence registered under sections 341, 323, 307, 504, 506, 34 of the IPC lodged on 01.04.2021 by the informant, Sindhuraj Kumar.
3. As per the prosecution story, the informant alleged that while returning home and as he was nearing his house, the accused intercepted his vehicle on the point of arm and later while petitioner no. 1 threw him on the ground, the petitioner
Patna High Court CR. MISC. No.26844 of 2025(2) dt.14-05-2025 2/3 no. 3 put a rope around his neck with an intention to kill and dragged him to a nearby field, the petitioner no. 2 who was armed with gun threatened to kill him. All of them were in an inebriated state and took away Rs. 29,000/- from the dickey beside the gold chain from him. He saved his life, returned and informed his family members, allegation is that when his uncle went to bring the motorcycle, they assaulted him by lathi on his hand causing injury. This led to the FIR.
4. Learned counsel for the petitioner submits that two of the petitioners, the petitioner no. 2 and 3, namely, Sunil Kumar Mandal and Shishupal Roy were not sent up but later cognizance has been taken against all forcing them to move before this Court.
5. Learned APP opposes the prayer submitting that a perusal of the FIR would show that grave allegation has been made against these petitioners which include assault/snatching of amount as also prohibiting from taking away the motorcycle followed by another round of assault on the uncle. The matter is of the year 2021 and even going by the submissions of the learned counsel for the petitioners, petitioner no. 2 (Sunil Kumar Mandal) despite charge-sheet submitted against him, was still absconding.
Patna High Court CR. MISC. No.26844 of 2025(2) dt.14-05-2025 3/3
6. Having taken into account the submissions of the parties as also the facts on record and the observation of the learned Sessions Judge, the charges against the petitioners is/are grave, in that background, this Court is not inclined to extend them privilege of anticipatory bail.
7. Accordingly, rejected.
(Rajiv Roy, J) Vijay Singh/- U