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Patna High Court

Narayan Kumar Mallick @ Narayan MallickversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Narayan Kumar Mallick, was arrested in connection with a case alleging offences under Sections 406, 420, 467, 468, 476 and 120(B) of the Indian Penal Code relating to a disputed sale deed and alleged misappropriation of Rs.5 lakh. The informant claims the petitioner must return the amount, while the petitioner contends the matter is purely civil and that he has been falsely implicated, citing eight prior similar cases. The petitioner applied for bail, arguing that the FIR does not disclose any specific criminal act and that the dispute should be resolved in a civil forum. The State opposed bail, but the court considered the nature of the allegations, the petitioner’s willingness to cooperate, and precedent of provisional bail in similar cases. The court granted bail on a bond of Rs.10,000 with two sureties, warning that the trial court may cancel bail if the petitioner attempts to delay proceedings.

Issues considered

  • Whether the allegations in the FIR constitute a cognizable offence warranting denial of bail.
  • Whether the petitioner’s antecedent cases and the nature of the dispute justify granting bail.
  • Whether a civil dispute can be given a criminal colour to deny bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • cheating
  • criminal breach of trust
  • forgery
  • conspiracy
  • civil dispute
  • false implication
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17808 of 2025

                 Arising Out of PS. Case No.-233 Year-2022 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
                 Narayan Kumar Mallick @ Narayan Mallick Son of Raghuveer Mallick
                 Resident of Lohiya Nagar, P.S.- Sahayak, District - Katihar.


                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Kumar Ashutosh S/O Late Mahendra Prasad Singh, R/V - Shivnagar, P.S.
                 Maranga, Dist. - Purnia


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brajesh Sahay, Advocate
                                                 Mr. Abhigyan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 For the Informant        :      Mr. Suresh Prasad Sah @ Baranwal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


6   24-02-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 406,420, 467, 468, 476 and

                   120(B) of the Indian Penal Code.

                                 3. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17808 of 2025(6) dt.24-02-2026
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          petitioner has antecedent of eight cases of similar nature and is

          in custody since 28.10.2024. It is next submitted that the

          informant alleges that Amarnath Prasad along with Sanjay got a

          sale deed executed in between the informant and petitioner

          based on an agreement shown to the informant entered in

          between petitioner and land owner Deepak with respect to a

          land on 13.12.2017 for a total consideration of Rs. 9,18,500/-

          out of which an amount of Rs. 5,00,000/- was paid to the

          petitioner by cheque and Rs. 3,63,000/- was paid in account of

          the father of Deepak and the sale deed was to be executed till

          30.11.2020, it is next alleged that Deepak executed the sale deed

          after taking extra amount, thus informant alleges that petitioner

          who had taken Rs. 5,00,000/- ought to have returned that

          amount as Deepak while executing the sale deed had taken an

          extra amount.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that in sum

          and substance, the allegation is that Deepak while executing the

          sale deed took an extra amount from the informant, as such, the

          petitioner ought to have returned the amount of Rs. 5 Lakhs
Patna High Court CR. MISC. No.17808 of 2025(6) dt.24-02-2026
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          which he had taken. It is further submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that the

          same does not even remotely suggest that as to what extra

          amount was taken by Deepak for executing the sale deed. It is

          also submitted that the dispute is purely civil to which a

          criminal colour has been given.

                       5. At this stage, the learned counsel appearing on

          behalf of the informant submits that if petitioner returns the

          amount, in that event the informant will withdraw the case

          against him, on which the learned counsel appearing on behalf

          of the petitioner submits that informant by instituting the instant

          FIR is trying to coerce the petitioner into submission so that

          petitioner parts with fanciful demand of the informant. It is also

          submitted that if the informant is of the view that an amount of

          Rs. 5 Lakhs is due to him, in that event the informant ought to

          have moved before a Court of competent civil jurisdiction for

          getting the dispute adjudicated where the petitioner would have

          got a chance to rebut his claim, but then a criminal case has

          been instituted only to coerce the petitioner into submission.

                       6. At this stage, the learned counsel appearing on

          behalf of the informant submits that petitioner has antecedent of

          eight case and in some other cases, the petitioner had moved
Patna High Court CR. MISC. No.17808 of 2025(6) dt.24-02-2026
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          before this Court seeking regular bail, but then the learned Co-

          ordinate Bench while granting provisional bail to the petitioner

          had also recorded that petitioner will pay the entire due amount,

          as such, it is submitted that in this case also, if bail is to be

          granted, the same yardsticks be followed, on which the learned

          counsel appearing on behalf of the petitioner submits that the

          allegation is to be appreciated. It is reiterated and submitted by

          the learned counsel appearing on behalf of the petitioner that

          informant does not disclose that as to what extra amount was

          taken by Deepak to execute the sale deed. It is further submitted

          that the amount which was agreed for selling the land, on the

          said amount only the sale deed has been executed by Deepak. It

          is also submitted that since charges have been framed, the

          petitioner will not abscond rather will cooperate in the trial to

          prove his innocence.

                       7. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioner.

                       8. After hearing the learned counsel for the parties

          and considering the submissions made by the learned counsel

          for the petitioner, the petitioner above-named, is directed to be

          released on bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.17808 of 2025(6) dt.24-02-2026
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                      each to the satisfaction of the learned Trial Court where the case

                      is pending/successor court in connection with Katihar Muffasil

                      P.S. Case No. 233 of 2022.

                                    9. It is made clear that if the learned Trial Court

                      comes to a conclusion that petitioner, after his release, is trying

                      to delay the trial in any manner, in that event the learned Trial

                      Court shall be at liberty to cancel the bail bonds of the

                      petitioner.

                                10. Accordingly, the instant bail application is

                      allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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