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Patna High Court

Kallol MukherjeeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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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