Rahul Ranjan Jaiswal v. The State Of Bihar Through Economic Offences Unit

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8520 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== RAHUL RANJAN JAISWAL Son of Ramesh Jayasaval R/o Kitab Bhawan Lane, S.K. Puri, Boring Road, P.S.- S.K. Puri, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Economic Offences Unit Bihar 2.

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Vishwanath Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 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, petitioner in connivance with other accused persons, in the name of Hon'ble the Chief Justice of Patna High Court, called the D.G.P. Bihar on his official mobile asking him to take some administrative decision in favour of one Senior Officer (co-accused Aditya Kumar). It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.8520 of 2023(4) dt.08-05-2023 2/3 is owner of Mobile Shop and he had sold the mobile to his regular customer, namely Abhishek Agarwal (co-accused), who disclosed that he has given the SIM and mobile to a senior police officer only with a view to help one of 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. He is languishing in judicial custody since 16.10.2022.

The application for bail is opposed by learned APP for the State and learned counsel appearing for EOU, Bihar. They submitted that petitioner is a named accused. The said mobile number was used by co-accused Abhishek Agrawal to create a fake WhatsApp Account in the name of Hon'ble the Chief Justice, Patna High Court and made calls and chat to the then DGP on his mobile putting pressure upon him to take administrative decision in favour of IPC Aditya Kumar. Having heard learned counsel for the parties and considering the fact that there is no direct allegation against the petitioner, 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)

Patna High Court CR. MISC. No.8520 of 2023(4) dt.08-05-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Patna in connection with Economic Offence, Bihar P.S. Case No. 33 of 2022.

(Sunil Kumar Panwar, J) arish/- U T