IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1478 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- NIA District- Patna ======================================================

Sarfaraz @ Muzaffar Ahmad Wani, Son of Gul Mohammad Wani, Resident of - Dahmal, P.S.- Dist.- Anantnag, J and K ... ... Appellant/s Versus The Union of India through National Investigation Agency ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Kundan Kumar Ojha, Advocate Ms. Sadhna Parasher, Advocate Mr. Navneet Prabhakar, Advocate For the Respondent/s : Mr.Dr. Krishna Nandan Singh, Sr. Adv. (ASG)

Mr. Arvind Kumar, Spl. P.P., NIA Mr. Shivaditya Dhari Sinha, Advocate Mr. Paritosh Parimal, Advocate Mr. Aayushman, AC to ASG ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

6 24-02-2026 Heard learned counsel for the appellant and learned A.S.G. assisted by Mr. Arvind Kumar, learned counsel for the N.I.A.

2. The sole appellant in this case is seeking setting aside of the order dated 15.07.2025 passed by the learned Special Judge, NIA Court, Bihar, Patna in Special Case No.10 of 2024/R.C. No.17 of 2024/NIA/DLI arising out of Banjariya P.S. Case No.229 of 2024 registered for the offences punishable under Sections 317(5), 318(4), 61(2), 338, 336(3), 340(2), 111, 178, 179, 180, 181 and 3/5 of the Bhartiya Nyay Sanhita and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. By the impugned order, the learned court has been pleased to reject the prayer of the appellant for grant of bail.

3. The prosecution case is based on the self-

statement of ASI Indrajeet Paswan recorded on 05.09.2024 at 18.15 hrs at NH-28A near Kharwa Pool, Banjaria, District-East Champaran, Motihari. In his self-statement, the informant has stated that on 05.09.2024 at about 17:30 Hours in the evening, he along with other police personnels proceeded for patrolling and vehicle checking. When they reached near Shankar Dhaba, they got secret information that that from Jhakiya village three persons on one without number plate red coloured motorcycle are coming towards Khandwa Pool. One of the three persons have beard who was wearing blue colour T-shirt and black coloured pant and was carrying black coloured backpack in front of his stomach as also he is the person who was driving the motorcycle. Second person was wearing Khaki coloured Fullshirt and Blue coloured Jeans pant and third person was wearing white coloured T-shirt with lining and Black coloured Jeans Pant. All of them was carrying fake Indian notes. On this information, the informant has informed the senior officials and with the Shashtra Bal personnels, they proceeded towards Khandwa Pool where they found one red motorcycle with above description and three persons on it was coming. On seeing police personnel, they tried to flee away, but police personnel chased them and nabbed all three persons. Seeing this action of the police, nearby people gathered there. Thereafter, police asked their names. They told their names as (1) Md. Nazar Saddam, (2) Md. Waris and (3) Md. Jakir Hussain. The informant requested the people who have assembled there to become witness to the production-cum-seizure list to which all of them refused by saying that these accused persons are outsiders, if we become witness, anything bad can happen to us. Thereafter, two of the raiding team members, namely, Sukhram Bharti and Aditya Kumar were made witnesses to the production- cum-seizure list. Police asked for papers of the motorcycle from Md. Nazar Saddam but he could not produce any papers. The Engine number and chasis number of the motorcycle was worn out. It seems that the motorcycle was stolen one. On search of black coloured backpack, some clothes and hundred notes of 500 Rupees (total 50,000/-) two