ORDER :

Heard.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. In this case an office note was there to the effect that since the case is arising out of National Investigation Agency, Act, 2008, as the matter will lie before the Division Bench and by order dated 18.08.2021 considering the submission of learned counsel appearing for the parties as well as the judgment relied by the petitioner, this Court held that prima facie this matter is maintainable under section 482 Cr.P.C., thereafter the matter was adjourned from time to time for cross-examining the petitioner by the counsels of co-accused persons.

4. In the present case, the petitioner has prayed for granting his release on bail as he has been tendered pardon(turned approver) under Section 306 Cr.P.C. in connection with RC-06/2018/NIA/DLI dated 16.02.2018 corresponding to Special (NIA) Case No.03/2018 registered under sections 414/384/386/387/120B of the IPC, 25(1-b)a/26/35 of the ARMS ACT , Section 17 (1)(2) of the CLA Act and sections 16/17/20/23 of the UA(P) Act and the case is pending in the court of learned Special Judge, NIA-cum-Additional Judicial Commissioner-XVI, Ranchi.

5. The FIR was registered alleging therein that-

a) That an FIR was registered as Tandwa P.S.Case No.02/2016 dated 11.01.2016 u/s 414/ 384/ 386/ 387/ 120B of the IPC, 25(1-b)a/26/35 of the Arms Act, section 17(1)(2) of the CLA Act in which during investigation sections of UA(P) Act were added and vide order dated 13.02.2018 the case has been transferred to NIA and NIA has re-registered the FIR bearing RC- 06/2018/NIA/DLI on 16.02.2018;

b) That it has been alleged in the FIR so registered in Tandwa P.S.02/2016 that credible information received by SP, Chatra that some locals have formed an operating committee in the coal region of Amrapali/Magadh Projects under P.S. Tandwa;

c) That it has further been alleged that the operating committee has relation with banned unlawful association Tritiya Prastuti Committee (in short TPC). Some people of the operating committee were threatening the contractors, transporters, DO holders and coal businessman for extorting /collecting levy in the name of the operatives of banned organization namely Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Kohram Ji, Akrman Ji @ Ravindra Ganjhu, Anishchay Ganjhu, Bhikhan Ganjhu, Deepu Singh @ Bhikan and Bindu Ganjhu;

d) That on the of SP, Chatra, a team headed by Shri Akhilesh B.Variyar, SDPO, Tandwa along with SHO Tandwa and QRT Team raided at about 09.10 PM on 11.02.2016 in the house of Binod Kumar Ganjhu who was the president of Magadh Operating Committee and in presence of independent witnesses namely Raj Kumar Bhagat Rs. 91,75,890/- (Rs. Ninety One Lakh Seventy Five Thousand and Eight Hundred Ninety) was seized and two mobile phones were also seized;

e) That two suspected persons namely Birbal Ganjhu and Munesh Ganjhu were also present in the house of Binod Kumar Ganjhu. In the personal search of Birbal Ganjhu one loaded mous