Authority: Calcutta High Court

Order Date: 15-10-2026

Case Overview

  • Petitioners: Bijay Kumar Periwal (Petitioner No.1) and an unnamed co‑petitioner (Petitioner No.2) filed an anticipatory bail application under Section 482 of the Bharatiya Nyaya Sanhita (BNSS) in CRM(A) 3160 of 2026.
  • The application is connected to Bidhannagar Cyber Crime Police Station Case No.100 of 2026 (dated 01‑07‑2026) involving alleged offences under Sections 316(2), 318(4), 336(2), 337, 340(2) and 61(2) of BNSS.
  • The dispute centres on the appointment of Bijay Kumar Periwal as an Additional Director of Sai Surya Developers Private Ltd. The de‑facto complainant, a 33.33 % shareholder of the company, alleges that the board resolution was passed without his knowledge, constituting a corporate offence and possible forgery of documents.
  • Petitioners contend that the appointment was made through a valid letter of appointment, filed on the Ministry of Corporate Affairs portal with Form DIR‑12, and that they have complied with notice under Section 35(3) BNSS on two occasions.
  • The de‑facto complainant and the State argue that investigation is ongoing, that the board resolution was adopted in the complainant’s absence, and that allowing bail could prejudice the investigation. A related NCLT proceeding on the director appointment is pending.
  • The Court observed that Bijay Kumar Periwal tendered his resignation after the procedural lapse was pointed out, and that the petitioners have not evaded investigation.

Final Outcome

  • The Court allowed the anticipatory bail application.
  • Each petitioner must furnish a bond of Rs 50,000 (Rupees Fifty Thousand Only) and two sureties of equal amount, one of whom must be local, to the satisfaction of the arresting officer, subject to Section 482(2) BNSS.
  • Conditions imposed:

a) No intimidation of witnesses or tampering with evidence; no commission of any cognizable offence.

b) Appear before the investigating officer once a week or as required and cooperate fully with the investigation.

d) Failure to comply will result in cancellation of the bail order.

  • The order is to be downloaded from the Court’s official website, and certified copies shall be supplied to parties upon request.

Topics: Anticipatory Bail, Corporate Governance