Mrinal Bhardawaj @ HappiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10028 of 2026
                     Arising Out of PS. Case No.-35 Year-2018 Thana- KAMTAUL District- Darbhanga
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                 Mrinal Bhardawaj @ Happi Son of Shankar Kumar Panday R/o Village -
                 Sirhulli, P.S. - Kamtaul, Dist. - Darbhanga.


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kedar Jha, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   25-03-2026                    Heard Mr. Kedar Jha, learned counsel appearing on

                   behalf of the petitioner and Mr. Ajit Kumar, learned APP for the

                   State.

                                  2. The petitioner seeks pre-arrest bail in connection

                   with Kamtaul P.S. Case No. 35 of 2018 registered for the

                   offence(s) punishable under Sections 341,342,323,307,302,34 of

                   IPC.

                                  3. As per the allegation made in the FIR, all the

                   accused persons named in the FIR with a common intention to

                   grab the land of the informant killed the husband of the

                   informant and has brutally assaulted the informant and his only
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          son, having forced them to part with the entire share of land.

                        4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Learned counsel further

          submitted that there is no specific allegation against the

          petitioner that he is the one who has assaulted the husband of

          the informant, who succumbed to injuries. Learned counsel

          further submitted that           for the similar allegation, other co-

          accused Shankar Kumar Pandey, who is father of the petitioner

          has been acquitted after facing trial in Sessions Trial No.481 of

          2018 vide judgment dated 22.03.2021. Learned counsel further

          submitted that for orthopedic leg problem, the petitioner was

          hospitalized and in this regard, he has brought on record the

          discharge certificate           (Annexure 3). Petitioner has clean

          antecedent. On these grounds, petitioner seeks to be released on

          pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail. He submitted that the

          petitioner who is agnate of the informant with an intention to

          grab the land of the informant, brutally assaulted the informant

          and her family members and has taken life of the husband of the

          informant, who died on the spot. Learned counsel further
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          submitted that the ingredients of Section 34 of the IPC are

          clearly attracted in the present case, and the petitioner has failed

          to make out a case for grant of pre-arrest bail, inasmuch as he

          acted in furtherance of the common intention, having complied

          with the direction of his mother to assault the informant and her

          family members and to cause the death of the informant’s

          husband.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well, having perused the allegation

          made in the FIR and after perusing the judgment of acquittal

          passed in respect of other co-accused Shankar Kumar Pandey, I

          find that the case of the petitioner is not similarly situated to the

          said Shankar Kumar Pandey and complicity of the petitioner in

          the alleged incidence cannot be denied. From perusal of the FIR,

          it is evident that order giver is mother of the petitioner and the

          petitioner     and the other co-accused mentioned in the FIR

          assaulted with a common intention to kill the husband of the

          informant and her family members, in which husband of the

          informant succumbed to injuries on the spot. The FIR is of the

          year 2018 and petitioner has managed to abscond all through

          and now after lapse of 8 years, he has filed the present bail

          application. Considering the nature of allegation made against
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                     the petitioner in the FIR, I am not inclined to grant pre-arrest

                     bail to the petitioner. Accordingly, the present bail application

                     stands dismissed.


                                               (Purnendu Singh, J)

Sanjay/-

U      T