Gaurav Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11623 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== GAURAV RAJ Son of Gopal Prasad Resident of- Hamam Line (Hamam Lane) Gurhatta, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ECONOMIC OFFENCE UNIT PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Rana Vikram Singh, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Economic Offence P.S. Case No.33 of 2022 instituted under Sections 353, 387, 419, 420, 467, 468, 120(B) of IPC and under Sections 66(C), 66(D), of IT Act lodged on 15.10.2022 by the informant Shree Bhaskar Ranjan.

As the story unfolded, Gaurav Raj (petitioner herein) who owns Murgan Communication situated in Patna City took two SIMS on the documents of his staff, Rahul Kumar and gave it to one Shubham Kumar. He further informed Rahul Kumar that the authentication of documents failed and as such SIM could not be issued. Shubham Kumar inturn gave it to his

Patna High Court CR. MISC. No.11623 of 2023(2) dt.10-05-2023 2/2 friend, Rahul Ranjan Jaiswal who provided the SIM to Abhishek Agarwal.

In this way, the SIM No. 9709303397 issued in the name of Rahul Kumar came in possession of Abhishek Agarwal. The allegation against him is that using the name of the Chief Justice of Patna High Court as also using his photo on his Whatsapp DP, he called the DGP, Bihar for a favour for one of the officer of Indian Police Service who was earlier posted as the SSP, Gaya.

The DGP, Bihar doubted the voice of the Chief Justice, Patna High Court and accordingly the investigation in the matter took place and the aforesaid facts came into picture. In the considered opinion of this Court, this petitioner is the author of the entire episode having procured SIMS in the name of his poor staff which was ultimately used by Abhishek Agarwal to call the DGP, Bihar to do favour for the said IPS Officer.

In the aforesaid background, this Court does not find any merit in the petition and the same is accordingly dismissed. (Rajiv Roy, J) Prakash Narayan/ Sunil U T