( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 1 Criminal Appeal (DB) No. 145 of 2025 (Against the order dated 06.01.2025 passed by Sri Madhuresh Kumar Verma, learned AJC-XVI-cum-Spl. Judge, NIA, Ranchi in Misc. Criminal Application No. 3122/2024.) Shiv Kumar Sahu, S/o Dilip Kumar Sahu, R/o Near Rania Block Chowk, Vill- Belsinyangarh, P.O. + P.S.- Rania, Dist.- Khunti, Jharkhand. ... Appellant Versus 1. The State of Jharkhand. 2. National Investigation Agency, Government of India, Ministry of Home Affairs, CTCR Division, North Block, New Delhi, P.O.- Central Secretariat, Dist.- North Block, New Delhi. … Respondents ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---- For the Appellant : Mr. Santosh Kumar Soni, Adv. For the Resp.-NIA : Mr. Amit Kumar Das, Spl. P.P. For the Resp.-State : Mr. Vishwanath Roy, Spl. P.P. ---- Dated : 26/08/2025 Per Rongon Mukhopadhyay, J. : 1. Heard Mr. Santosh Kumar Soni, learned counsel for the appellant and Mr. Amit Kumar Das, learned Spl. P.P.-NIA. 2. This appeal is directed against the order dated 06.01.2025 passed by the learned AJC-XVI-cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No. 3122/2024 whereby and whereunder, the prayer for bail of the appellant has been rejected. 3. The prosecution case in brief is that the Central Government had received information regarding arrest of Chief of People's Liberation Front of India (PLFI), Dinesh Gope alias Kuldeep Yadav alias Badku alias DG alias Amarjeet Singh by the ( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 2 NIA in Case No. RC-02/2018/NIA/DLI, who during interrogation had disclosed that cadres of PLFI are involved in generating funds through extortion from various coal traders, transporters, railway contractors, businessmen etc. in Jharkhand, Bihar, Chhattisgarh and Odisha. These cadres are also conspiring to commit various terrorist activities including attacks on security forces, murder, arson and use of explosives/IEDs to create terror in the society. It has been alleged that Martin Kerkatta and Durga Singh are the Central Committee members, who now run PLFI jointly and they along with Krishna Yadav alias Sultan are commanding the armed squads of PLFI. The other members of PLFI viz. Nilamber Gope, Nivesh Kumar, Kapil Pathak, Raman Kumar Sonu alias Sonu Pandit and Nanak Singh are involved in various anti-national/unlawful activities such as recruitment and procurement of arms and ammunitions for PLFI apart from collection of levy. In compliance to the Government of India, Ministry of Home Affairs, Order F No. 11011/81/2023/NIA dated 04.10.2023, the National Investigation Agency, Branch Office, Ranchi had registered RC-04/2023/NIA/RNC under Section 120B and 384 IPC, Sections 13, 17, 18, 18B and 20 of the Unlawful Activities (Prevention) Act against 8 named accused persons and others. 4. It has been submitted by Mr. Santosh Kumar Soni, learned counsel for the appellant that the appellant has been implicated on the confessional statement of co-accused and no incriminating article has been recovered from the conscious possession of the appellant. The appellant is in custody since 16.06.2024. It has been submitted that the appellant is said to have been involved in conspiracy and the entire facets of the case do not prima facie make out a case for refusal of bail to the appellant. ( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 3 5. Mr. Amit Kumar Das, learned Special P.P.-NIA has submitted that in course of investigation it was established that the appellant is a member of PLFI and he had transferred funds into the account of Raman Kumar Sonu alias Sonu Pandit, who is named in the First Information Report. The materials collected during investigation reveals a prima facie case against the appellant which fact has been appropriately considered by the learned court below. 6. The name of the appellant figures in the second supplementary charge sheet in which the appellant has been arrayed as A-11. The role and activities of the appellant has been depicted at para 17.52 and 17.53 of the second supplementary charge sheet and the same reads as under: 17.52. The FIR along with the disclosure memorandum of accused Dinesh Gope (A- 10) dated 28.05.2023 and explanation memo dated 05.10.2023, recovery of Blank PLFI Pamphlets established that A-11 is cadre/member of PLFI. Pointing cura Recovery memo dated 16.06.2024 vide which digital devices, Blank pamphlets, note books were recovered established that A-11 was in contact with Martin Kerketta (A-1) and was part of conspiracy to revive and strengthen PLFI which is engaged in reviving extortion/collection of levy from section of people of India especially businessmen and contractors operating in Jharkhand and other neighbouring states by means of criminal force or the show of criminal force to commit terrorist act which threaten unity, integrity, security and sovereignty of India. ( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 4 Extracted data of digital devices of accused Shiv Kumar Sahu (A-11) and accused Dineslı Gope (A-10) established that A-11 forwarded the threatening PLFI pamphlets to contractors and business men through WhatsApp Message from Mobile no XXXX2357, demanding extortion and threat for armed action if extortion is not paid. Bank account statements, statement of protected witnesses and photo identification memo established that accused Shiv Kumar Sahu (A-11) channelized the funds from Jharkhand to Bihar and in the bank account of a FIR named accused Raman Kumar Sonu @ Sonu Pandit (A-7), Criminal antecedents of the accused Shiv Kumar Sahu (A-11) establishes his previous involvement in arms and ammunition and unlawful assembly related case. 17.53. Investigation has established the involvement of accused Shiv Kumar Sahu (A- 11) along with other cadres/members of PLFI in the larger conspiracy to strengthen/revive the operations (extortion/levy collection) by forwarding the threatening PLFI pamphlets to section of people of India specially businessmen and contractors operating in Jharkhand and channelizing the funds from Jharkhand to Bihar in order to strengthen the presence of PLFI in state of Jharkhand and reviving extortion/collection of levy from section of ( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 5 people of India specially businessmen and contractors operating in Jharkhand and other neighbouring states by means of criminal force or the show of criminal force to commit terrorist act which threaten unity, integrity, security and sovereignty of India. 7. The appellant, apart from conspiring, seems to be involved in an active role in the banned organization and was also responsible for transfer of various amounts. On a search made in the premises of the appellant, several incriminating articles were recovered. The statement of the protected witness “E” and “F” a gist of which finds place in the second supplementary charge sheet reveals about their identification of the appellant as the person who got funds transferred in the SBI account of FIR named accused Raman Kumar Sonu alias Sonu Pandit. The accused Dinesh Gope got transferred an amount of approximately Rs. 6 lakhs in the SBI and Axis Branch account of protected witness “W” in the year 2023 through the appellant and Nilamber Gope. The appellant also seems to be involved in forwarding threatening PLFI pamphlets to various people on their WhatsApp numbers and some of whom have been arrayed as protected witnesses by the NIA. The connection between the appellant and the present supremo of PLFI has also been established. It would thus seem that the appellant was an active member of PLFI and was involved in nefarious activities of collection of levy, threatening the persons from whom levy was demanded, being in contact with the erstwhile and present supremo of PLFI and overall having an active role in the anti- national and anti-social activities of the banned organization. A prima facie case is made out against the appellant and the embargo to the grant of bail which is the predominant feature of Section 43(D)(5) of UA(P) Act will apply and consequently, we do ( 2025:JHHC:25345-DB ) CRIMINAL APPEAL (DB) NO. 145 OF 2025 6 not find any reason to cause interference in the impugned order dated 06.01.2025 passed in Misc. Criminal Application No. 3122/2024 and this appeal accordingly stands dismissed. 8. Pending I.A.s, if any, stands closed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) Jharkhand High Court, Ranchi Dated the 26th Day of August, 2025 Preet/N.A.F.R.