Patna High Court
Kallol MukherjeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the dispute is essentially civil and the petitioner’s implication is prima facie in his professional capacity, thereby granting bail.
Summary
The petitioner, Kallol Mukherjee, an Assistant Director (Sales) of Nexxbase Marketing Pvt Ltd, was named in an FIR under IPC sections 406, 420 and 34 for allegedly being involved in a smart‑watch supply dispute with MKS International Trade and Corporate Solution. He contended that the matter was a civil commercial disagreement over compensation of Rs.150 per watch and that no criminal intent could be inferred from his professional role. Citing the Supreme Court’s decision in Sanjay Dutt v. State of Haryana (2025), his counsel argued that the case should not be treated as a criminal offence. The court examined the factual submissions and concluded that the dispute was primarily civil, rendering the petitioner’s implication prima facie unwarranted. Consequently, the court ordered his release on bail subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the allegations under IPC sections 406, 420 and 34 constitute a cognizable criminal offence against the petitioner.
- Whether the dispute is essentially civil in nature, rendering criminal proceedings inappropriate.
- Whether bail should be granted to the petitioner pending further investigation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
Subjects
- bail
- civil dispute
- professional capacity
- Indian Penal Code
- Criminal breach of trust
- cheating
- CrPC
- BNSS 2023
- smart watch supply
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13642 of 2026
Arising Out of PS. Case No.-664 Year-2022 Thana- KADAMKUAN District- Patna
======================================================
Kallol Mukherjee, S/o Biplap Kumar Mukherjee, R/o Flat No C-1822, 12th
Avenue, Gaur City 2, Sector-16 C, Greater Noida West, Shah Beri, Gautam
Budhha Nagar, UP-201009.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Giri, Senior Advocate
Mr. Aryan Sinha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 26-02-2026 Heard learned senior counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kadamkuan P.S.
Case No.664 of 2022 registered under Sections 406 and 420
read with 34 of the Indian Penal Code.
3. As per FIR, it is alleged that informant, who is the
Director of M/s MKS International Trade Pvt. Ltd., engaged
M/s Corporate Solution for supplying of 410 smart watch
under the order of N.T.P.C., Bihar. The petitioner alleged to
work with M/s. Nexxbase Marketing Pvt. Ltd. as an Assistant
Director (Sales), original manufacturer of smart watch.
Patna High Court CR. MISC. No.13642 of 2026(2) dt.26-02-2026
2/4
4. Mr. Ashish Giri, learned senior counsel appearing
for the petitioner submitted that from entire allegation, no
offence appears made out against petitioner, which can be
simply gathered from the narration of FIR. It is submitted that
merely as petitioner was working as Senior Sales Executive,
Nexxbase Marketing Pvt. Ltd., original manufacturer of the
smart watch for which the order was placed with M/s
Corporate Solution Pvt. Ltd. by informant, he was implicated
with present case. It is submitted by Mr. Giri that even from
the perusal of FIR, it can be gathered that Sahaj Bhatia and
Gaurav Kharti, C.E.O./Co-founder of Nexxbase Marketing
Pvt. Ltd. were implicated in their professional capacity without
arraying the company as an accused and, therefore, the entire
implication appears baseless in view of legal report of Hon’ble
Supreme Court as available through Sanjay Dutt and Ors.
vs. State of Haryana and Anr. [2025 SCC OnLine SC
32].
5. Arguing further, Mr. Giri pointed out that Ms.
Nexxbase Marketing Pvt. Ltd while replying to legal notice as
sent by informant company categorically stated in para-9 of
Patna High Court CR. MISC. No.13642 of 2026(2) dt.26-02-2026
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the reply that the company is ready to compensate Rs. 150/-
per watch, if it is acceptable to the informant without
specifying any role of this petitioner. It is submitted that
petitioner has been implicated only due to his professional
capacity as he was Assistant Director (Sales) of the Nexxbase
Marketing Pvt. Ltd. While concluding argument, it is
submitted that moreover the dispute appears civil in nature
for which present criminal case is completely un-ocassioned
and unwarranted. Petitioner claimed clean antecedent.
6. In view of aforesaid factual submissions and by
taking note of fact as the dispute primarily appears civil in
nature, where implication of this petitioner prima facie
appears in his professional capacity, being Assistant Director
(Sales) of Nexxbase Marketing Pvt. Ltd., accordingly, the
petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned J.M.F.C., Patna in connection with Kadamkuan P.S.
Patna High Court CR. MISC. No.13642 of 2026(2) dt.26-02-2026
4/4
Case No.664 of 2022, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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