The Patna High Court has denied anticipatory bail to an IPS officer who had allegedly conspired with a conman to pose as the Chief Justice of the High Court to pressurize the Director General of Police (DGP) to drop a corruption proceeding initiated against him.

The Bench of Justice Anjani Kumar Saran expressing dismay, said that “The Corruption and Bribery is a matter of serious concern and threat for the economical stability of India... The law of the land abhors any public servant intentionally enrich himself illicitly during the tenure of his service and taking undue advantage of his post and power. Increase in the assets of such a public servant tantamount to constitutionally impermissible conduct and such conduct is liable to put under the strict scanner.”

The Bench observed that “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.”

Senior Advocate S.D. Sanjay appeared for the petitioner and Advocate Rana Vikram Singh, Retained Counsel Economic Offences Unit appeared for the opposite parties.

The petitioner, apprehending his arrest in Economic Offences case registered for the offences punishable under Sections 353, 387, 419, 420, 467, 468 and 120B of the Indian Penal Code and Section 66 (C) and 66 (D) of the Information Technology Act, 2000 had approached the High Court for grant of Anticipatory Bail.

A criminal case was lodged against the petitioner for allegedly intervening in the release of seized liquor consignment during his tenure as the Superintendent of Police at Jehanabad and Begusarai and as Senior Superintendent of Police at Gaya.

In connection to the criminal case, the petitioner was accused of hiring a conman for posing as the then Chief Justice of the High Court and trying to influence the probe by calling up the Director General of Police.

The Court, on perusing the evidence on record, found that two Judicial officers were also involved in the mater by trying to make pairvi for listing the matter of the petitioner before a particular Bench.

“Besides the above, there are much more credible and clinching evidence in the form of electronic evidence, which shows their participation in the alleged crime. When this has been happening right under the very nose of the High Court, I cannot afford to turn a Nelson’s eye to these activities and conveniently ignore it.” said the Court.

The Court further said that the case was not fit for grant of pre-arrest bail to the accused officer and further directed the High Court registry to place a copy of the order before the Chief Justice for taking appropriate decisions on the administrative side as well.

Accordingly, the prayer of Anticipatory Bail was rejected.

Cause Title- Aditya Kumar v. The State of Bihar

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