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2025 Supreme(Online)(Pat) 1004
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY, JJ
Anwar Rashid – Appellant
Versus
The Union Bank of India through National Investigation Agency Bihar – Respondent
CRIMINAL APPEAL (DB) No.310 of 2025
For the Appellant/s:Mr. Mujahid Ahmad, Advocate, Mr. Shams Akhtar, Advocate
For the Respondent/s:Mr. Dr. K.N. Singh (A.S.G.), Mr. Arvind Kumar, Spl. PP, Mr. Aayushman, AC to ASG, Mr. Paritosh Parimal, Advocate
Evidence established strong connections between the appellant and terrorist organizations, justifying bail denial under national security considerations.
Headnote:(A) Indian Penal Code - Sections 120, 120B, 121, 121A, 153A, 153B of IPC; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 17, 18, 20, 38, 39 - Bail application rejected - The appellant was involved in a conspiracy to wage war against the state and had connections with prohibited organizations; sufficient evidence against appellant established including literature found and records of financial support to terrorists. (Paras 2, 4, 5, 18, 22)
(B) Bail - The materials seized indicated strong prima facie evidence against the appellant involving various criminal acts related to terrorism - The court emphasized that incarceration duration does not justify bail if serious threats to national security are involved. (Paras 21, 23)
Facts of the case:
The appellant is accused of being involved in terrorist activities associated with various proscribed organizations, as demonstrated by the materials presented during the trial.
Findings of Court:
The evidence against the appellant was found compelling, indicating involvement in planning and executing activities to undermine national security.
Issues: The primary issues included the legitimacy of the allegations against the appellant as well as the strength of the evidence backing the accusations.
Ratio Decidendi: The court found sufficient prima facie evidence to support the accusations, justifying the denial of bail on the grounds of national security.
Result: The appeal was dismissed.
| Table of Content |
|---|
| 1. the appellant is accused of terrorist activities based on substantial evidence. (Para 2 , 3 , 4 , 5) |
| 2. evidence of financial connections to terrorist organizations was found. (Para 6 , 7 , 8 , 9) |
| 3. the defense argued the prosecution's case is based on hypothetical claims. (Para 11 , 12) |
| 4. the court upheld the evidence as sufficient for denying bail. (Para 18 , 19 , 21 , 22) |
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 20-11-2025
Heard Mr. Mujahid Ahmad, learned counsel for the appellant and Dr. K. N. Singh, learned Senior Advocate (ASG), assisted by Mr. Arvind Kumar, learned Special P.P. for the National Investigation Agency (in short ‘NIA’).
2. This appeal arises out of the order dated 25.07.2024, passed by learned Special Judge NIA, Patna (hereinafter referred to as the ‘learned trial court’) in Special Case No. 07 of 2022, in connection with Phulwarisharif P.S. Case No. 827 of 2022 dated 12.07.2022, later on re-registered as NIA FIR No. 31/2022/NIA/DLI dated 22.07.2022 for the offences punishable under Sections 120 , 120B, 121, 121A, 153A and 153B/34 of the Indian Penal Code (in short ‘IPC’). Upon investigation, the NIA has filed a chargesheet against the appellant for his prosecution under Sections 120 B, 121, 121A, 122, 153, and 153B of IPC and Sections 10 , 13, 17, 18, 20, 38, and 39 of Unlawful Activities (Prevention) [in short ‘UA(P)] Act, 1967. Sanction for prosecution of the appellant as required under Section 196 Code of Criminal Procedure (in short ‘CrPC’) and Section 45(1) of the UA(P) Act, 1967 has been accorded by the Ministry of Home Affairs, Government of India.
Prosecution Story
3. The prosecution case is based on the self-statement of one Akrar Ahmad Khan, who was the Police Inspector-cum-Police Station Incharge, Phulwarisharif, on 12.07.2022. In his recorded statement, he has alleged as under:-
"On 11.07.2022, at about 7:30 PM, he got an information that some miscreants are planning to do some occurrence during the proposed Patna visit of the Prime Minister of India, they are doing training for a fortnight for this purpose. On this information, the Officer-in-Charge of Phulwarisharif Police Station brought it to the notice of the senior officers. The senior officers constituted a team of police officers and with the said team, the Officer-in-Charge/informant reached ‘Ahmed Palace’ situated in Naya Tola Nahar under Phulwarisharif Police Station. On reaching there and in course of verification, it came to his notice that some unknown persons are holding meeting on the second floor of the ‘Ahmed Palace’ during last two months and visit of unknown persons are frequent there. The informant came to know that during 6th-7th July also, a meeting had taken place in which some doubtful people had come.
It is alleged that as the informant was conducting the verification, in the meantime, Md. Jalaluddin and Athar Parvez, who are the owner of ‘Ahmed Palace’, came there. In their presence, in presence of two independent witnesses, when the second floor of ‘Ahmed Palace’ was searched, in course of search from a room, he found a literature, namely, ‘India 2047 towards Rule of Islamic India, Internal Document not for circulation’ which was in seven pages and there were five copies of the same. In search, thirty pamphlets written in Urdu and twenty five pamphlets written in Hindi of Popular Front of India, 20 February 2021, forty nine flags made of clothes, red, green and white bearing blue colour star on the flag, booklets printed in Urdu were found. The search team also found thirty chairs placed in the big hall and on a table, photocopy of lease deed on a non-judicial stamp paper, showing the name of house owner of Farhat Bano, wife of Jalaluddin and the name of lessee as Athar Parvez, son of Abdul Qayum Ansari was found. The house owner informed that the second floor of the building was taken by Athar Parvez for purpose of giving training and training was provided on 6-7 July 2022 in w
