ORDER

Heard Mr. S.D. Sanjay, learned senior counsel assisted by Ms. Priya Gupta, learned Advocate for the petitioner and Mr. Rana Vikram Singh, learned counsel for the Economic Offences Unit.

2. The petitioner apprehends his arrest in Economic Offences P.S. (Patna) Case No. 33 of 2022 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 I.T. Act.

3. The prosecution case, in short, is that on the basis of a written information dated 15.10.2022 by the informant, Dy. S.P., Shri Bhaskar Ranjan, Economic Offences Unit (EOU), the present case has been registered. It has been alleged that on the basis of confidential information that while using the mobile number 9709303397 the user had called the then Director General of Police (DGP), Bihar, Patna and other senior officers on mobile phone and Whatsapp call to pressurize for doing an administrative act/taking administrative decision in favour of one senior officer. On verification of such fact, a team was constituted for which written intimation was also received from the DGP in which he informed that the user of mobile number 9709303397 was claiming himself to be the then Hon’ble Chief Justice of Patna High Court, on his D.P. the photograph of the then Hon’ble Chief Justice was fixed and he used to talk on his official mobile number 9431602303 on Whatsapp and was asking to do some work on which he doubted from the tone and, accordingly, directed to take necessary action.

4. It is further alleged that for the purpose of verification it was found that the said mobile SIM was issued in the name of Rahul Kumar as per its CAF, when he was contacted then his address was found correct and he stated that he was working part-time in the shop of Gaurav Raj and in order to take a SIM on his own name, the said Gaurav Raj had taken his thumb impression for getting it linked on his Aadhar Card but he did not get SIM and he was informed that the SIM could not be activated.

5. It is further alleged that the enquiry was made from Gaurav Raj who stated that he is having a business of sale of mobile phone and SIM in the name of Murgen Communication which is situated in Patna City. He further stated that his friend Subham Kumar paid the money for two SIMs. Accordingly, he took two SIMs in the name of Rahul Kumar and gave to his friend Subham Kumar one being mobile number 9709303397.

6. It is alleged that the enquiry was made from Subham Kumar, who stated that he works in the shop of one Rahul Ranjan Jaiswal and he gave the SIM of mobile number 9709303397 to Rahul Ranjan Jaiswal for Rs.2000/-.

7. It is further alleged that when Rahul Ranjan Jaiswal was contacted, he stated that he is the owner of a mobile shop, namely, Mr. Gazette Mobile shop and he has given the SIM Number 9709303397 to his regular customer, namely, Abhishek Agrawal, resident of Ajay Nilay Apartment, Nageshwar Colony, P.S. Budha Colony, Patna, who is a businessman dealing in Tiles in Exhibition Road, Patna. He also stated that Abhishek Agrawal had asked him in the first week of September, 2022 to give him two mobile phones with SIM in the name of some other person as he had to give it to a senior police officer. Hence, considering him to be a regular customer, he was given two SIMs-one being 9709303397.

8. It is also alleged that the team thereafter went to the residence of Abhishek Agrawal. Initially, he was not ready to say anything, but when he was confronted with Rahul Ranjan Jaiswal, then he admitted that he had taken this SIM on being asked by his friend, Aditya Kumar, which he has put in mobile set of Real Me Company. He was having another SIM number 8051690749 which was in Itel Mobile Set.

9. It is further alleged that in course of interrogation, Abhishek Agrawal stated that Aditya Kumar, an IPS Officer, is close to him, who was earlier posted as Superintendent of Police in Gaya and presently he is posted in Police Head Quarters, Patna.