By Alok Mohit
PATNA: The Patna High Court has rejected the anticipatory bail petition of suspended IPS officer and former Senior Superintendent of Police, Gaya, Aditya Kumar, in a case of criminal conspiracy and recommended “appropriate decision” against two judicial officers against whom it found “clinching evidence” of their involvement in the case.
Aditya Kumar of 2011 batch has been on the run since October 2022 after Bihar’s economic offences unit (EOU) registered a case against him and four others on charges of cheating, impersonation, extortion and other offences in October last year. The FIR alleged that one of the accused, businessman Abhishek Agarwal, called the state Director General of Police (DGP) posing as the Chief Justice of the Patna High Court and asked him to close a case against Aditya Kumar related to accusations that he conspired with the liquor mafia when he was posted in Gaya as senior superintendent of police (SSP).
A single bench of Justice Anjani Kumar Sharan said there were ample proofs, including electronic evidences, that established the “connivance, collusion and active participation of the petitioner as a mastermind (in the case), who got the plan executed through co-accused Abhishek Agrawal alias Abhishek Bhopalaka. Justice Sharan said he was not inclined to enlarge the petitioner on anticipatory bail considering the facts, circumstances and evidences in the case. “The prayer for anticipatory bail of the petitioner is hereby rejected,” he added.
However, if the petitioner surrendered before an appropriate court within four weeks and sought regular bail, the learned court could pass an order in accordance with law, he said.
While stating that two judicial officers were found to be involved in this case and there were clinching evidences that they unsuccessfully tried to get the case of the petitioner listed in a particular bench, the judge said the judiciary was 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,” Justice Sharan said while directing the high court’s registry to place a copy of this order before the Chief Justice for taking appropriate decision.
Earlier, appearing for Aditya Kumar, Senior Advocate SD Sanjay submitted that the petitioner was innocent and had committed no offence. He had been falsely implicated in this case under a deep-rooted conspiracy hatched by senior police officers of the department, he said, adding that the petitioner had discharged his official duties honestly and efficiently.
Opposing the bail petition, EOU counsel Rana Vikram Singh said that the petitioner, had hatched a conspiracy in association with co-accused Abhishek Agrawal alias Abhishek Bholpalaka, who made calls to the then Bihar DGP posing as Chief Justice of Patna High Court for withdrawal of cases against the IPS officer registered under the state liquor laws.