IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No.82 of 2026 -----

Naresh Ganjhu, aged about 29 years, son of Chandru Ganjhu, resident of village-Boda Tola, PO + PS-Chandwa, District-Latehar, Jharkhand .… … Appellant Versus Union of India through National Investigation Agency, New Delhi .… … Respondent -------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD -------

For the Appellant : Mr. Birendra Kumar, Advocate For the Respondent : Mr. Amit Kumar Das, Advocate Mr. Saurav Kumar, Advocate ------

C.A.V on 17.03.2026 Pronounced on 07/04/2026 Per Sujit Narayan Prasad, J.

1. The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 08.12.2025 passed in Misc. Cr. Application No.2197 of 2025 by the learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail of the appellant in connection with Special (N.I.A) Case No.02 of 2020, corresponding to RC Case No.25/2020/NIA/DLI, arising out of Chandwa P.S. Case No.158 of 2019 dated 23.11.2019 registered for the offence under Sections 147, 148, 149, 452, 302, 353, 379 of the Indian Penal Code, Section 27 of the Arms Act, Sections 10, 13, 17, 18 of Unlawful Activities (Prevention) Act and Section 17 (i) (ii) of Criminal Law Amendment Act has been rejected.

2. At the very outset, it needs to mention herein that earlier this Court vide order dated 11.05.2023 passed in Criminal Appeal (DB) No.256 of 2023 has dismissed the prayer for bail of the present appellant on merit by passing a detailed order.

3. The prosecution case is that on 22.11.2019 the patrolling party had found the cadre of the banned terrorist organization i.e. CPI (Maoist) who were waiting in advance, fired indiscriminately at the police patrolling party in consequence thereof the four police personnel had died. Arms and ammunitions were looted from the martyred police personnel and by raising slogans, the Maoist fled away. One Home Guard, namely, Dinesh Ram who had escaped unhurt, rushed to the Chandwa Police Station and lodged a complaint, based upon the same Chandwa P.S. Case No. 158 of 2019 was instituted against eighteen named and some unknown accused persons. The police had completed the investigation.

4. Thereafter, on the basis of fardbeyan of one of the members of the patrolling party, namely, Dinesh Ram, Chandwa P.S. Case No. 158 of 2019 dated 23.11.2019 u/s 147/148/149/442/302/353/379 of the IPC, section 27 of Arms Act, Section 17 of Criminal Law Amendment Act, 1908 and section 10, 13, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 was registered against eighteen named accused persons and some unknown persons. Thereafter, investigation was taken up by the SDPO, Latehar. During the investigation, the I.O. visited the place of occurrence and arrested accused persons who disclosed about concealment of motorcycle which was used in the said crime. Accused in custody Baijnath Ganjhu (A-1), Sunil Ganjhu @ Mangra (A-2), Naresh Ganjhu (A-5) (the present appellant) and Faguna Ganjhu (A-6) also disclosed about the concealment of looted ammunitions.

5. Subsequent thereto, the Central Government in exercise of power conferred under Sub-Section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 has directed the N.I.A. to take up the investigation vide Order No. 11011/42/2020/NIA dated 22.06.2020 and accordingly, Chandwa P.S. Case No. 158 of 2019 was re-registered as R.C. No.25 of 2020/NIA/DLI under Sections 147,148,149,452,302,353 & 379 of Indian Penal Code, under Section 27 of the Arms Act, under Section 17 (i) & (ii) of Criminal Law Amendment Act and under Sections 10,13,17 and 18 of Unlawful Activity (Prevention) Act, 1967. The NIA had submitted the first supplementary chargesheet against 34 persons for the offences punishable under Sections 120 (B), 121, 121(A), 122, 147,148,149,302,307,353,395,396 & 427 of Indi