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Karunakar Mallik Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

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Patna HC
2025
Karunakar Mallik Vs The State of BiharKarunakar Mallik v. The State of Bihar

Dismissed¶18

Karunakar Mallik v. The State of Bihar

Patna HC7 May 2025CR. MISC./16279/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.16279 of 2025, decided 07-05-2025 by Prabhat Kumar Singh, J. Anticipatory bail rejected in bank-loan fraud case arising out of PS Case No. 33 of 2012, Thana Parbatta, District Khagaria; offences under Sections 420, 467, 468, 471 and 406 IPC; petitioner was Branch Manager of Union Bank, Parbatta branch; loans of Rs. 27,99,584/- to 51 loanees allegedly sanctioned on forged LPC and rent receipts between 14.12.2009 and 6.7.2010; charge sheet after supplementary case diary of 2023; cognizance not taken till 17.1.2025; departmental punishment of forfeiture of three increments for negligence; bail petition filed in 2025 against FIR of 2012 without explanation; rejection on nature and gravity of allegation and unexplained delay.

What did the court decide?

Prayer for bail rejected, considering the nature and gravity of the allegation and the unexplained delay in filing of the bail petition (FIR of 2012, petition filed in 2025).

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, who apprehends arrest in a case registered for offences punishable under Sections 420, 467, 468, 471 and 406 of the Indian Penal Code (PS Case No. 33 of 2012), is entitled to anticipatory bail.

Court's answer

Prayer for bail rejected, considering the nature and gravity of the allegation and the unexplained delay in filing of the bail petition (FIR of 2012, petition filed in 2025).

Detailed headnote1 paragraphs

Anticipatory bail — rejected. Petitioner, alleged to have been Branch Manager of Union Bank, Parbatta branch, was accused of sanctioning loans totalling Rs. 27,99,584/- to 51 loanees between 14.12.2009 and 6.7.2010 on the basis of forged LPC and rent receipts (arising out of PS Case No. 33 of 2012, Thana Parbatta, District Khagaria; offences punishable under Sections 420, 467, 468, 471 and 406 IPC). Counsel stated that the charge sheet followed a supplementary case diary filed in 2023, cognizance was not taken till 17.1.2025, and the petitioner had been punished in a departmental proceeding with forfeiture of three increments for negligence, with no finding of embezzlement of public money. The State opposed, pointing out that the FIR was of 2012 and the bail petition was filed in 2025 without explanation. Held: in view of the nature and gravity of the allegation and the unexplained delay in filing the bail petition, the prayer for bail was rejected (Prabhat Kumar Singh, J).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16279 of 2025

Arising Out of PS. Case No.-33 Year-2012 Thana- PARBATTA District- Khagaria

======================================================

Karunakar Mallik Son of Late Lok Nath Mallik Resident of Village- Rehang, P.O.- Kuligaon, P.S.- Khantapara, Distt.- Balasore (Odisha) and at present R/O- Matha Sahi, P.S.- Bhadrak, Distt.- Bhadrak, State- Odisha

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Tejendra Sinha, Advocate For the Opposite Party/s : Mr.Jai Narain Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 07-05-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 467, 468, 471 and 406 of the Indian Penal Code.

As per the prosecution case, petitioner being Branch Manager of Union Bank, Parbatta branch, in between 14.12.2009 to 6.7.2010 sanctioned loan to 51 loanee on the basis of forged LPC and rent receipts amounting to Rs.27,99,584/-.

Learned counsel appearing for the petitioner submits that though the matter is said to be of in between 14.12.2009 to 6.7.2010 but after filing supplementary case diary in 2023, police submitted charge sheet against the petitioner.

Patna High Court CR. MISC. No.16279 of 2025(3) dt.07-05-2025 2/2

However, cognizance was not taken till 17.1.2025. He submits that for the aforesaid allegation, after conducting a departmental proceeding, petitioner had been awarded punishment of forfeiture of three increments finding him guilty for negligence but there was no finding about any embezzlement of public money. Moreover, he has no mechanism to verify genuineness of documents filed by applicants for grant of loan. Petitioner is suffering from severe old age ailments and is under treatment since 2016. Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer for bail. He submits that in the present case, FIR was lodged in 2012 and this anticipatory bail petition has been filed by the petitioner in 2025 without any explanation.

Considering the nature and gravity of allegation as well as unexplained delay in filing of the bail petition, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J)

shashi/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, who apprehends arrest in a case registered for offences punishable under Sections 420, 467, 468, 471 and 406 of the Indian Penal Code (PS Case No. 33 of 2012), is entitled to anticipatory bail.¶12
The court held
Prayer for bail rejected, considering the nature and gravity of the allegation and the unexplained delay in filing of the bail petition (FIR of 2012, petition filed in 2025).ratio¶18

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code420, 467, 468, 471 and 406¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
Matter arises out of PS Case No. 33 of 2012, Thana Parbatta, District Khagaria.¶2
Prior proceeding
Prosecution case: petitioner, as Branch Manager of Union Bank, Parbatta branch, allegedly sanctioned loans to 51 loanees between 14.12.2009 and 6.7.2010 on the basis of forged LPC and rent receipts.¶13
Prior proceeding
Counsel for the petitioner submitted that after filing of supplementary case diary in 2023, police submitted charge sheet against the petitioner.¶14
Prior proceeding
Counsel submitted that cognizance was not taken till 17.1.2025.¶16
Prior proceeding
Counsel submitted that in a departmental proceeding the petitioner was punished with forfeiture of three increments for negligence, with no finding of embezzlement of public money.¶16
Prior proceeding
State's submission: FIR was lodged in 2012 and the anticipatory bail petition was filed in 2025 without any explanation for the delay.¶17

Parties & counsel

AI extract

petitioner
Karunakar Mallik¶4
Tejendra Sinha
respondent
The State of Bihar¶7
Jai Narain Thakur

Coram

AI extract

Prabhat Kumar Singhauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 7 May 2025 · May
Registered: 4 Mar 2025
Case no.: CR. MISC./16279/2025
CNR: BRHC010161442025
Topic: Cheating and Forgery
Bench: Prabhat Kumar Singh
Disposal: BAIL REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Karunakar Mallik v. The State of Bihar, CR. MISC./16279/2025 (PAT), decided on 7 May 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code420, 467, 468, 471 and 406

View all statutes

Procedural history6

Matter arises out of PS Case No. 33 of 2012, Thana Parbatta, District Khagaria.
Prosecution case: petitioner, as Branch Manager of Union Bank, Parbatta branch, allegedly sanctioned loans to 51 loanees between 14.12.2009 and 6.7.2010 on the basis of forged LPC and rent receipts.

View full history

Bench / Coram

Prabhat Kumar Singh

Parties & counsel