Patna High Court
Narayan Kumar Mallick @ Narayan MallickversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioner is entitled to bail pending trial.
Summary
The petitioner, Narayan Kumar Mallick, was charged under Sections 406, 420 and 120(B) of the Indian Penal Code for allegedly cheating an informant of Rs. 17.10 lakh by failing to register land in his favour. He contended that the dispute was civil, that he had no intention to cheat, and that the landowner, not he, was responsible for the deed. The petitioner highlighted that co‑accused Aditi Mallick and Sanjay Kurmi had already been granted bail and that no prosecution witness had been produced since his custody began on 28‑Oct‑2024. The State opposed bail, arguing that the petitioner was a habitual offender and that the offences were serious. Considering the prolonged pre‑trial detention, lack of witness evidence, and the magisterial nature of the offences, the court ordered his release on bail with a bond of Rs.25,000 and specific conditions, directing the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused charged under IPC Sections 406, 420 and 120(B) pending trial.
- Whether the alleged cheating constitutes a civil dispute that warrants bail.
- Whether the petitioner’s prolonged custody without witness examination justifies bail despite allegations of habitual offending.
Legislation cited
- Indian Penal Code — s. 120(B), 406, 420
Subjects
- bail
- cheating
- IPC 406
- IPC 420
- criminal procedure
- civil dispute
- habitual offender
- magisterial trial
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19489 of 2025
Arising Out of PS. Case No.-86 Year-2023 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
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay
Ms. Amrita Kumari
For the State : Mr. Aditya Narayan Singh.1
For the Informant Mr. Kundan Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
8 24-02-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 406, 420, 120(B) of the Indian
Penal Code.
3. Allegation against the petitioner is of cheating the
informant of Rs. 17,10,000/- by not registering land in his favour
despite an agreement.
4. Learned counsel for the petitioner has submitted that
the petitioner has been falsely implicated in the present case as he
had no intention to commit any cheating right from the inception.
The petitioner is the Director of a company namely, Manokamna
Infra Project Pvt. Limited and he was engaged in the business of
sale and purchase of land. The land owner of the land in question
is one Deepak Saraf and the offence, if any, has been committed at
Patna High Court CR. MISC. No.19489 of 2025(8) dt.24-02-2026
2/3
the end of the land owner as he is the person who has not provided
the deed in favour of the informant. It is further submitted that the
dispute in any case is civil in nature and the informant has option
to take recourse to alternative remedies. It has also been submitted
that other co-accused persons of this case being Aditi Mallick and
Sanjay Kurmi have both been granted bail by Benches this Court
vide order dated 17.03.2025 and 01.05.2024 passed Cr. Misc. No.
5891 of 2025 and Cr. Misc. No. 15950 of 2024 respectively and
the petitioner is in custody since 28.10.2024 and after framing of
charges on 23.09.2025, till date no witness has been produced on
behalf of the prosecution.
5. Learned APP for the State and learned counsel for the
informant have opposed the application for bail on the ground that
the petitioner has cheated the informant of his hard earned money
and other cases of similar nature have also been filed against the
petitioner, as such, he is a habitual offender.
6. Taking into consideration the facts and
circumstances and also considering that the petitioner has been
made an accused in cases under Section 406 and 420 of the IPC
which are Magisterial triable cases and also considering the fact
that the petitioner is in custody since 28.10.2024 and till date only
charges have been framed and no witness has been examined,
leading to the inference that there is no likelihood of the trial being
Patna High Court CR. MISC. No.19489 of 2025(8) dt.24-02-2026
3/3
concluded in near future, the petitioner cannot be kept behind bars
for a very long span of time, as such, he is directed to be released
on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Katihar Muffasil P.S.
Case No. 86 of 2023, subject to the conditions that:
(I) One of the bailors will be a family member/close
relative.
(II) The petitioner shall appear on each and every
date till conclusion of trial and if the petitioner does not appear on
two consecutive dates without any substantial and satisfactory
reason, the trial court would take immediate steps to cancel the
bail bonds of the petitioner.
(III) Trial court is also directed to proceed
expeditiously with the case without giving unnecessary
adjournments.
(Soni Shrivastava, J)
devendra/-
U T
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