In a criminal miscellaneous matter, the Patna High Court, considering the facts and circumstances, decided to enlarge the petitioner on bail after hearing counsel for the parties.
Petitioner is directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7097 of 2023
Arising Out of PS. Case No.-33 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna
======================================================
ABHISHEK AGRAWAL @ ABHISHEK BHOPALKA Son of Bishnu Agrawal @ Bishnu Prasad Agarwal Resident of Nageshwar Colony, Ajay Nilayan Apartment, Flat No.- 22, Nageshwar Colony, P.S.- Budha Colony, District - Patna
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahni For the EOU : Mr. Rana Vikram Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Heard learned counsel for the petitioner, learned counsel for EOU, Bihar and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 353, 387, 419, 420, 467, 468, 120B of the Indian Penal Code and Sections 66(C) and 66(D) of the I.T. Act.
As per allegation in the FIR, some accused persons in connivance, in the name of Hon’ble the Chief Justice of Patna High Court, called the D.G.P. Bihar and other senior officers by normal call and whatsapp call on their official mobile numbers asking them to take some administrative decision in favour
Patna High Court CR. MISC. No.7097 of 2023(3) dt.19-05-2023 2/4
of one Senior Officer (co-accused Aditya Kumar). On verification, it came to light that mobile user was claiming himself to be the Chief Justice of Patna High Court and in place of his D.P., the photograph was C.J., Patna was fixed. Specific allegation against the petitioner is that he was the regular customer of Mobile shop namely, Mr. Gazette Mobile Shop and from the owner he had asked to provide him two SIM in the name of some other person as he had to give it to a Senior Police officer.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is regular customer of Mobile Shop and he had purchased two SIM and given the same to his close friend who is an I.P.S. Officer, without accepting the unexpected fact that any senior police officer will commit any wrong act by using the said SIM and mobile. Petitioner has not made any wrong call to any one. This case is an outcome of the animosity existing between the two high officials of the police department and the petitioner has been made as scapegoat just because of being the friend of IPS Aditya Kumar. Petitioner is not the beneficiary in the entire episode. He is languishing in judicial custody since 15.10.2022.
The application for bail is opposed by learned APP for the State and learned counsel appearing for EOU, Bihar. They
Patna High Court CR. MISC. No.7097 of 2023(3) dt.19-05-2023 3/4
submitted that petitioner is a named accused. Petitioner in association with co-accused Aditya Kumar conceived a plan to dupe the then DGP, Bihar in the name of the then Hon’ble the Chief Justice of this Court and he procured two SIM Cards of fake documents and then create a fake profile of Hon’ble the then Chief Justice. Petitioner is master mind of the alleged occurrence and he has prepared the whole conspiracy with coaccused Aditya Kumar for his benefit. Petitioner is said to be very close to co-accused Aditya Kumar, an IPS since last four years and recently a case against him relating to Excise, Act has been closed from Head Quarter level. The alleged mobile number was used by the petitioner to create a fake Whatsapp Account in the name of Hon’ble the Chief Justice, Patna High Court and made calls and chats to the then DGP on his mobile and took him in confidence and putting pressure upon him to take administrative decision in favour of IPS Aditya Kumar.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.7097 of 2023(3) dt.19-05-2023 4/4
Additional Chief Judicial Magistrate, 1st Patna in connection with Economic Offences P.S. (Patna) P.S. Case No. 33 of 2022.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving cheating and forgery charges.
Whether the petitioner concocted a conspiracy with co-accused Aditya Kumar to dupe the DGP by creating a fake profile of the Chief Justice.
3 provisions across 2 enactments
Abhishek Agrawal @ Abhishek Bhopalka
The State of Bihar
The Economic Offences Unit
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
