2026:JHHC:740 -1- A.B.A. No.68 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 68 of 2026 ---- Shashi Agarwal, aged about 56 years, son of Shambhu Dayal Agarwal, residing at Subarna Apartment (Opposite Udayan Club), 21N, Block-A, New Alipore, PO and PS New Alipore, District Kolkata, West Bengal .... Petitioner -- Versus -- 1.The State of Jharkhand 2.Shambhu Sharan Pandey, authorized representative of 277 workers of Incab Industries Limited, son of Sri Mohan Pandey, resident of L4/26, Neem Road, Golmri, Cable Town, PO and PS Golmuri, District East Singhbhum at Jamshedpur, Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Rishav Kumar, Advocate For the State :- Mr. Manoj Kumar, Advocate ---- 2/12.01.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.2227 of 2021, for offence registered under sections 409/120B/34 of IPC, pending in court of learned Judicial Magistrate, First Class, at Jamshedpur. 3. Learned counsel for petitioner submits that the complaint case has been lodged in the capacity of authorized representative of 277 workers of the Incab Industries Limited which is in absence of any power of attorney of any employee of the said Incab Industries 2026:JHHC:740 -2- A.B.A. No.68 of 2026 Limited. He also submits that the learned court at Jamshedpur is not having jurisdiction to try the present complaint and the complaint petition does not show that any part of the cause of action has arisen within the territorial jurisdiction of that court. He next submits that Incab Industries Limited is an industrial unit and it preferred a reference before the Board for Industrial and Financial Reconstruction (BIFR) in October, 1999 and the BIFR has declared it to be a sick industrial unit and the order of the BIFR and the learned appellate authority has been questioned in the writ petition being W.P.(C) No.5010 of 2011 in Delhi High Court and the same was rejected by the order dated 06.01.2016 and the Delhi High Court has not interfered with the orders of the BIFR and the appellate authority. He next submits that the matter has also travelled up to National Company Law Tribunal (NCLT) Kolkata and by the order dated 07.08.2019 the said Tribunal has appointed the petitioner as Interim Resolution Professional (IRP) and the allegations are made that the then Director of the said company has sold some of the assets of the company. 4. Learned State counsel submits that the matter has arisen out of the complaint case and the allegations are made of selling of certain assets of the said company in the year 2018. 5. In the aforesaid background, it transpires that the petitioner happened to be an Interim Resolution Professional (IRP) 2026:JHHC:740 -3- A.B.A. No.68 of 2026 and he was appointed by the National Company Law Tribunal (NCLT), Kolkata by the order dated 07.08.2019. In the representative capacity, the complaint has been filed by one person representing 277 workers of the said company(M/s Incab Industries Limited)/ an industrial unit, and the said company has already been declared insolvent, and in light of the above and considering the submission of the learned counsel appearing for the petitioner, such averments have also been made in several paragraphs of the anticipatory bail application, and in the attending facts and circumstances of the instant case, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within four weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate, First Class, at Jamshedpur, in connection with Complaint Case No.2227 of 2021, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 12.01.2026 SI/