JUDGMENT :

(Sujit Narayan Prasad, J.)

The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 28.01.2023 passed by learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail in connection with NIA Case RC-01/2021/NIA/RNC registered under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A and 216 of the Indian Penal Code Section 25(1)(b), 26, 27 and 35 of the Arms Act, Section 3 & 4 of Explosive Substance Act, Section 10, 13, 16(1)(b), 20 and 23 of UA(P) Act and Section 17 of CLA Act, 1908, has been rejected.

2. The brief facts of the case, as per the prosecution version, which required to be enumerated reads hereunder as :-

The prosecution case is based on the information received by Balumath police station that at about 19 hours on 18.12.2020, some unknown persons were burning vehicles by firing indiscriminately near check post no.1 near Tetariakhand colliery. Assailants fired on the police party that had rushed to the spot. Accused persons had burnt four trucks one motorcycle and injured four civilians. The remnants of the burnt vehicles, fragments of a cane bomb with wire, a white colour empty gallon of approx 02 liters, spent cartridges and three hand written pamphlets containing threats to the transporters and coal companies, involved in the mining area signed by one Pradip Ganjhu (A-3) were found from the spot. Upon further inquiry it was revealed that gangster Sujit Sinha(A-1) and Aman Sahu @Aman Sao(A-2) had conspired with accused Pradeep Ganjhu (A-3) and his associates namely Santosh Ganjhu, Bihari Ganjhu, Sakendra Ganjhu, Pramod Ganjhu and others to collect extortion from CCL transporters, contractors, DO holders and disruption of legitimate works. Accordingly, Balumath PS case no 234/2020 dated 19.12.2020 was registered u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387 and 120B of IPC section 27 of Arms Act, Section 3/4 of the Explosive Substance Act, against Sujit Sinha, Aman Sahu @ Aman Sao, Pradeep Ganjhu, Santosh Ganjhu, Bihari Ganjhu, Pramod Ganjhu, and some other unknown accused persons.

The ministry of Home Affairs (MHA) Government of India in view of the gravity of the offence and its cross border and international ramification issued orders in exercise of the powers vested under Section 6(5) read with section 8 of the NIA Act 2008, directed the NIA to take up the investigation of the aforesaid case. On the direction of the Ministry of Home Affairs, NIA re-registered case no 01/2021/NIA-RNC dated 04.03.2021 under section 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B,, 121A, 216 of IPC Section 25(1)(b), 26, 27 and 35 of Arms Act section 3 & 4 of Explosive Substance Act section 17 CLA Act and section 10, 13, 16(1), (b), 20 and 23 UA(P) Act.

After investigation NIA submitted 2nd supplementary chargesheet against Pankaj Karmali @ Khetia (A-23), Vikash Anand Ojha @ Abhishek (A-26), Akash Kumar Roy @ Monu Roy (A-27) and the appellant Kundan Kumar (A-28).

3. It appears from the material available on record that on the basis of the written report Balumath PS case no 234/2020 dated 19.12.2020 was registered u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387 and 120B of IPC section 27 of Arms Act, Section 3/4 of the Explosive Substance Act.

The Central Government, taking into consideration the gravity of the offence in exercise of power conferred under Section 6(5) read with section 8 of the NIA Act 2008, directed the NIA to take up the investigation of the aforesaid case and accordingly, the NIA re-registered case no 01/2021/NIA-RNC dated 04.03.2021 and took up the charge of further investigation of the instant case.

The appellant has been apprehended and taken into custody on 19.07.2021, i.e., after taking over the investigation by the NIA and, as such, prayer for bail was made but the same has been rejected vide order dated 28.01.