Patna High Court
Narayan Kumar Mallick @ Narayan MallickversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Narayan Kumar Mallick, director of Manokamna Infra Project Pvt Ltd, was charged with cheating an informant of Rs. 11 lakh for failing to register land in the informant's favour, under IPC sections 406, 420, 467, 468, 471 and 120(B). He applied for bail, claiming he was falsely implicated and that the dispute was essentially civil, with the actual landowner responsible. The State opposed bail, alleging the petitioner was a habitual offender with similar cases pending. The court noted that the offences are magisterial triable, only charges have been framed, no witnesses examined, and the trial was unlikely to conclude soon. Consequently, the court granted bail on a Rs. 25,000 bond with two sureties, imposing conditions on appearance and urging the trial court to avoid unnecessary adjournments.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences and alleged habitual criminality
- Whether the magisterial triable nature of sections 406 and 420 precludes bail
- Whether the delay in trial and lack of witness examination justify bail
Legislation cited
- Indian Penal Code — s. 120B, 406, 420, 467, 468, 471
Subjects
- bail
- cheating
- IPC
- magisterial trial
- habitual offender
- land dispute
- civil remedy
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19891 of 2025
Arising Out of PS. Case No.-61 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Narayan Kumar Mallick @ Narayan Mallick S/o- Raghuveer Mallick
Resident of Lohiya Nagar PS- Sahayak, Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandan Kumar Yadav S/O- Uday Yadav, vill-Ratan, ps- gogri jamalpur,
dist.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay
Mr. Abhigyan Kumar
For the State : Mr.Ashok Kumar Singh
For the Informant Mr. Suresh Prasad Sah
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 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, 467, 468, 471, 120(B)
of the Indian Penal Code.
3. Allegation against the petitioner is of cheating the
informant of Rs. 11,00,000/- by not registering land in favour of
informant despite an agreement.
4. Learned counsel for the petitioner has submitted that
the petitioner has been falsely implicated in the present case as he
Patna High Court CR. MISC. No.19891 of 2025(6) dt.24-02-2026
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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 present case has been filed after a
delay of about two days. The land owner of the land in question
has committed the offence, if any, 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 person of this case
being Sanjay Kurmi has been granted bail by a bench this Court
vide order dated 08.07.2024 passed in Cr. Misc. No. 9428 of 2024
the petitioner is in custody since 19.11.2024 and charges have
been framed.
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
Patna High Court CR. MISC. No.19891 of 2025(6) dt.24-02-2026
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that the petitioner is in custody since 19.11.2024 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
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. 61 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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