Supreme Court Grants Protection From Arrest To Bihar IPS Officer Accused of Getting Conman to Impersonate HC Chief Justice

A bench of Justices Krishna Murari and PV Sanjay Kumar was hearing an appeal preferred by way of special leave by the IPS officer and former police superintendent against the Patna High Court’s refusal to grant him anticipatory bail.  

Before the apex court, senior advocate Mukul Rohatgi appeared on behalf of the civil servant facing charges of corruption and criminal conspiracy. Referring to a closure report, the senior counsel told the bench that the liquor prohibition case in which Kumar had allegedly tried to unscrupulously obtain a clean chit was closed a while ago.

“We are issuing notice,” said Justice Murari, without further comment.

“He is also praying for interim protection,” said Rohatgi, “He is a police officer and will lose his job.”

The bench accepted the senior counsel’s request. “Considering the facts and circumstances, no coercive action shall be taken against the petitioner,” the bench led by Justice Murari directed.

Background

Last year, reports emerged that suspected conman Abhishek Agarwal alias Abhishek Bhopalika had called SK Singhal – the then-director general of police – while posing as the chief justice of the Patna High Court and directed him to withdraw a case lodged against Indian Police Service (IPS) officer Aditya Kumar. Agrawal reportedly admitted to hatching this plot with Kumar at a restaurant in Patna, in order to get the police chief to close an investigation into an allegation of dereliction of duty by the civil servant in a liquor prohibition case.

In March this year, the Patna High Court refused to grant Kumar anticipatory bail for instructing the suspected conman to pose as the Chief Justice of Patna in order to influence the corruption probe against him. 

A bench comprising Justice Anjani Kumar Sharan said there was ample evidence against Kumar in the form of electronic evidence, which established his connivance and active participation as a mastermind, who got the plan executed through a co-accused. The single-judge bench 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.”

While denying Kumar’s request for anticipatory bail, Justice Sharan held:

“From perusal of the case diary, it appears that at the instance of the petitioner, the co-accused, Abhishek Agrawal, 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…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, I am not inclined to enlarge the petitioner on anticipatory bail.”

Case Title

Aditya Kumar v. State of Bihar & Anr. | Special Leave Petition (Criminal) No. 4496 of 2023

Click here to read the order