Nipen Roy @ Nripen Roy v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5412 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== NIPEN ROY @ NRIPEN ROY Son of Late Naresh Roy, Resident of Mohalla- Gourangapara, Kolkata North, Ward No- 94, Madanpur-1, P.S.- Chakadaha, District- Nadia (West Bengal).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Parvesh Kumar Sharma, Son of Ram Lakhan Sharma, Resident of Village- Horma, P.O. Bindaul, P.S. Khizersarai, District- Gaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer, Advocate For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 406, 420 and 120(B) of the Indian Penal Code. Allegation in brief is that the petitioner was a Branch Manager of ESBI Group and the complainant was collecting agent from investors and both were appointed by the Director of the Company and the allegation is that the complainant got investment of several investors of more than a crore and thereafter, the Company was closed. The headquarter of the Company was in Kolkatta and the transaction relates to the year 2012. Submission is that the petitioner was an employee being appointed as Branch Manager from the Director of the

Patna High Court Cr.Misc. No.5412 of 2017 (3) dt.23-02-2017 2/2 Company and appointment of the complainant was collecting agent was also appointed by the Director and this petitioner resigned from the Company in the year 2004 itself and however, the liability is of the Director of the Company because this petitioner has had no control over the Company and he has been in custody in this case since 2.11.2016.

Learned counsel appearing on behalf of the complainant submitted that this petitioner was Manager in the Gaya Branch even in the year 2012-2015 also and he had received the investors amount as a Branch Manager.

Having considered the said facts and circumstances particularly the petitioner was an employee and not the Director of the Company so the petitioner, namely, Nipen Roy @ Nripen Roy be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Gaya, Smt. Sarika Vahaliya in connection with Complaint Case No.179 of 2016. (Arun Kumar, J) N.H./- U T