← Library
Patna High CourtCR. MISC./47532/2025bail granted

Somesh Datta Priyadarshi @ Sumesh Datta Priyadarshi v. The State Of Bihar

2025-08-08Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47532 of 2025 Arising Out of PS. Case No.-111 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Somesh Datta Priyadarshi @ Sumesh Datta Priyadarshi S/o Paras Nath Shastri @ Paras Nath Mishra R/o Village- Amarpura, Banjariya, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurabh Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Manjhagarh P.S Case No. 111 of 2023 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with the other co-accused has committed dacoity in the informant's house and looted Rs. 30,000/- and jewelry of around Rs. 25,000/-

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been figured on the basis of

Patna High Court CR. MISC. No.47532 of 2025(2) dt.08-08-2025 2/3 confessional statement of the co-accused namely Rahul Kumar @ Mahendra Kumar @ Nanhaki. He further submits that no stolen article has been recovered from the conscious possession of the petitioner. He further submits that no TIP has been conducted till date and charge-sheet has been submitted in this case. It is also submitted that petitioner is in judicial custody since 04.10.2023 having nine criminal antecedent as mentioned in paragraph no. 3 of the bail petition. He further submits that other co-accused has been granted bail by the Trial Court itself vide B.P. No. 394 of 2025, 1592 of 2023 and 111 of 2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order dated 24.01.2025, it appears that nothing has been recovered from the possession of the petitioner, no Test Identification Parade has been conducted by the Police Officials, chargesheet has already been submitted and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class,

Patna High Court CR. MISC. No.47532 of 2025(2) dt.08-08-2025 3/3 Gopalganj in connection with Manjhagarh P.S. Case No. 111 of 2023.

(Ramesh Chand Malviya, J) Sunnykr/- U