Patna High CourtCR. MISC./19489/2025bail granted

Narayan Kumar Mallick @ Narayan Mallick v. The State Of Bihar

2026-02-24Justice Smt. Soni Shrivastava3 pages

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 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