Created by Fuzzy Cloud

Patna High Court

Narayan Kumar Mallick @ Narayan MallickversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.