IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court

The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.

A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish his connivance and active participation as a mastermind, who got the plan executed through a co-accused. It went on to remark,

"Corruption has always been a potential threat to the growth and prosperity of any Nation and that too by a person in uniform, who is supposed to keep curb over such activities."

The case against Kumar was registered on the basis of a written information received from the Deputy SP in Economic Offences Unit alleging that Kumar had commissioned phone calls to then Director General of Police (DGP) and other senior officers of Patna, claiming on the phone to be the sitting Chief Justice of Patna High Court, to pressurise them to drop the case against him.

Senior Advocate S.D. Sanjay appearing for Kumar denied the allegations, saying he was falsely implicated in this case under a deep rooted conspiracy hatched by higher police officers of the department.

Advocate Rana Vikram Singh appearing for the EOU submitted that Kumar, in association with co- accused, Abhishek Agrawal conceived a plan to dupe the then DGP, Bihar in the name of the then Chief Justice and got it executed by procuring different SIM Cards on other persons’ name and used it to create a fake profile and profile picture (DP).

Justice Sharan, in his order, stated, “From perusal of the case diary, it appears that at the instance of the petitioner, the co-accused, Abhishek Agrawal @ Abhishek Bholpalaka, in a deep rooted conspiracy, posing as the then Hon’ble the Chief Justice of Patna High Court, has made repeated calls to the then DGP, Bihar and directed him repeatedly to get the case of petitioner closed and get approval from the Chief Minister of Bihar to drop the proceeding initiated against the accused-petitioner.”

He further noted that the said Abhishek Agrawal in his confessional statement has admitted that he was acquainted with Aditya Kumar, IPS (petitioner herein) since last four years and by making a plan with him, he created fake Whatsapp account of the then Hon’ble the Chief Justice and made phone calls/Whatsapp Chats and Whatsapp calls to the then DGP, Bihar for taking decision in favour of the petitioner.

While dyeing the petitioner’s application, Justice Sharan held, “Considering the facts and circumstances of case as well as the fact that there are ample evidence against the petitioner in the form of electronic evidence also, which not only discloses but also establishes the connivance, collusion and active participation of the petitioner as a mastermind, who got the plan executed through co-accused Abhishek Agrawal alias Abhishek Bhopalaka, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.”

While concluding, the bench also noted that, “From perusal of the case diary, involvement of two Judicial Officers in the murky transactions is also transpired as they unsuccessfully tried to make pairvi for listing the case of the petitioner in a particular Bench.”

Before parting, he made an extremely important point wearing he said that “... the High Court has statutory authorities entrusted with the administration of justice which has to stand on a higher pedestal with sterling integrity so as to dispel any doubt regarding their conduct. The Judiciary is expected to remain unaffected by pressures exerted by other branches of the government, citizens or interested groups. Independence of the judiciary is one of the basic and inalienable features of the Constitution.”

Case Title: Aditya Kumar vs. The State of Bihar CRIMINAL MISCELLANEOUS No.74217 of 2022

Citation: 2023 LiveLaw (Pat) 16

Click Here To Read/Download Judgment