Madan Mali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78481 of 2025 Arising Out of PS. Case No.-101 Year-2023 Thana- SIMULTALLA District- Jamui ====================================================== 1.
Madan Mali, aged about 65 years, S/o Late Dhaneshwar Mali R/o Village - Dhondhari, Police Station - Simultalla, District - Jamui 2.
Chamaru Mali, aged 61 years S/o Late Dhaneshwar Mali R/o Village - Dhondhari, Police Station - Simultalla, District - Jamui 3.
Rabindra Mali, aged 22 years S/o Chamru Mali R/o Village - Dhondhari, Police Station - Simultalla, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners are in custody in a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 448, 308, 504 and 506 of the IPC.
3. As per the prosecution case, it is alleged that petitioners along with other accused persons came at the house of the informant armed with lathi, danda and started abusing and assaulting the informant and his family members after with they got various injuries.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He next submits that after investigation, the Investigating Officer has submitted the charge-sheet against six FIR named accused persons only for the offence under Sections 147, 341,
Patna High Court CR. MISC. No.78481 of 2025(2) dt.03-12-2025 2/2 323, 325, 448, 504, 506 of the IPC and all these offences are bailable and the rest five accused persons were not sent up, however, the learned Magistrate on 08.12.2023, took cognizance for offence under Sections 147, 148, 341, 323, 324, 448, 308, 504, 506 of IPC and accordingly, summons were issued against all eleven FIR name accused persons on 02.04.2024. He next submits that Investigating Officer does not found the case to be true under Section 308 and 324. He next submits that petitioners are in custody since 07.08.2025 and they have got no criminal antecedents as stated in para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for Regular bail of the petitioners.
6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioners, let the above named petitioners be released on bail, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Simultalla P.S. Case No.101 of 2023.
(Ramesh Chand Malviya, J) Harshita/- U T