Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 325 of 2026 Faguna Ganjhu, S/o Jagarnath Ganjhu, R/o Vill- Lukiya, Jamungada Tola, P.O. & P.S.- Chandwa, Dist.- Latehar. ... Appellant Versus Union of India through National Investigating Agency, New Delhi. … Respondent ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI ---- For the Appellant : Mr. Birendra Kumar, Adv. For the NIA : Mr. Amit Kumar Das, Sr. Adv. ---- Dated : 23/06/2026 1. Heard Mr. Birendra Kumar, learned counsel for the appellant and Mr. Amit Kumar Das, learned senior counsel appearing for the NIA. 2. This appeal is directed against the order dated 13-02-2026 passed by Sri Abhimanyu Kumar, learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No. 189/2026 corresponding to Special (NIA) Case No. 02/2020 arising out of RC No. 25/2020/NIA/DLI, whereby and whereunder, the prayer for bail of the appellant has been rejected. 3. The prosecution case is that on 22.11.2019 at 8:00 P.M., a patrolling party of Chandwa Police Station in course of patrolling duty stopped at Lukuiya More at Chandwa. It has been alleged that the cadre of banned terrorist organization i.e. CPI (Maoist) who were waiting in advance, fired indiscriminately at the police patrolling party which led to the death of 4 police personnel. Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 2 Arms and ammunitions were also looted from the martyred police personnel and by raising slogans, the Maoists fled away. Later on, one of the Home Guard namely, Dinesh Ram who had escaped unhurt, rushed to the Chandwa Police Station and lodged a complaint. 4. Based on the aforesaid allegations, Chandwa P.S. Case No. 158 of 2019 was instituted against 18 named and some unknown accused persons. On completion of investigation, chargesheet was submitted against Baijnath Ganjhu, Sunil Ganjhu @ Mangra, Rajesh Kumar Ganjhu, Sanjay Ganjhu, Naresh Ganjhu and Faguna Ganjhu. The Central Government in exercise of its power conferred under Sub-section (5) of Section 6 read with Section 8 of the National Investigating Agency Act, 2008 vide M.H.A. New Delhi, CTCR Division Order No. 11011/42/2020/NIA dated 22.06.2020 directed the NIA to take up the investigation 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 charge-sheet 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 Indian Penal Code, under Sections 10, 13, 16, 17, 18, 20, 21, 38, 39 & 40 of Unlawful Activities (Prevention) Act, 1967 and under Sections 25 (1-b) a, 26, 27 & 35 of the Arms Act. 5. It has been submitted by Mr. Birendra Kumar, learned counsel appearing for the appellant that the appellant did not take part in the indiscriminate firing made upon the police personnel which resulted in four deaths. It has been submitted that the appellant has been implicated on the allegation that he Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 3 was an overground worker in the terrorist organization and had given logistic support to the members of the said organization. The appellant is in custody since 06-01-2020 and there is no chance of the trial being concluded in the near future. Some of the co-accused persons in similar circumstances have been granted bail in Criminal Appeal (DB) No. 812 of 2025 and Criminal Appeal (DB) No. 1132 of 2025. Mr. Birendra Kumar, learned counsel for the appellant has brought to the notice of the Court that against the order dated 02-12-2025 passed in Criminal Appeal (DB) No. 1132 of 2025, the NIA had approached the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 6153 of 2026 which, however, was dismissed vide order dated 25-05-2026. 6. Mr. Amit Kumar Das, learned senior counsel for the NIA has submitted that the allegations against the appellant are much graver than the co-accused who have been granted bail as he had actively participated in the conspiracy so hatched and in executing the devious plan. Mr. Das has submitted that the appellant was identified by the protected witness “A” in the T.I.P. as one of the persons who was present at Sunil Hotel, near Lukuiya More at the time of the incident. The protected witness “A” and protected witness “D” have both in their 164 Cr.P.C. statements have implicated the appellant. Mr. Das, learned senior counsel for the NIA has also referred to various paragraphs of the supplementary charge sheet in order to distinguish the case of the present appellant with those co- accused who have been granted bail. 7. We have heard the learned counsel for the respective sides and have also perused the affidavits on record. 8. The appellant has been arrayed as (A-6) in the supplementary charge sheet and his role in the entire episode leading to the death of four police personnel has been depicted Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 4 in the following manner: “6. Investigation has established that A-6 was an Over ground worker (OGW) of VCPI (Maoist). On 22.11.2019, on the direction of A-1, he was deployed with a member of the Observing Team namely A-20 near Borsidag village at Ranchi Road and was instructed to give information about the movement of police personnel to A-1. After the incident, A-6, along with A-1 & A-2, assisted and helped the Attacking and Observing Team of CPI (Maoist) to reach Boda Pond. A-14 was present there, along with the other cadres of CPI (Maoist), and gave Rs. 5000 each to A-1, A-2 & A-6 as reward. Therefore, as per averments made in pre- para, it is established that A-6 was an Over Ground Worker/member of CPI (Maoist), a proscribed organization, and was part of the conspiracy and assisted co-accused to assemble with deadly weapons to carry out terrorist attack on the police patrolling party at Lukuiya More, which resulting in the killing of 04 police personnel and subsequently, snatching/ looting of Government issued arms and ammunition. Thereby, A-6 committed offences under sections 120B r/w 121, 121A, 147, 148, 149, 302, 307, 353, 395, 396, 427 of IPC, sections 10, 13, 16, 17, 18, 20, 38 & 39 of the Unlawful Activities (Prevention) Act 1967, as amended 2019, sections 25(1-B)a, 26, 27, 35 of Arms Act, 1959.” 9. The summarized version of the incident and the involvement of the appellant as depicted above primarily focuses Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 5 about the appellant being an overground worker of the terrorist organization providing logistical support including providing information about the movement of the police personnel. It has also come in course of investigation that the appellant along with two other accused persons had assisted and helped the attacking and observation team of the terrorist organization to reach Boda pond where, he had received an amount of Rs. 5,000/- as a reward from (A-14) for his efforts. The supplementary charge sheet also reveals about the manner in which the appellant along with the other accused persons had conducted recce of the place of occurrence. The protected witness “A” had identified the appellant and the role which has been assigned to the appellant is that on the date of the incident near Lukuiya More, he was standing besides Sunil hotel along with others. The appellant has also been named in the 164 Cr.P.C. statement by protected witness “A” and protected witness “D”. 10. What would transpire from the investigation which has been depicted in the supplementary charge sheet is that the appellant was an overground worker in the terrorist organization providing logistical support and no finding has been recorded therein that the appellant had actively participated in the firing made upon the police personnel. 11. In the case of Baijnath Ganjhu v. Union of India through National Investigation Agency, New Delhi in Criminal Appeal (DB) No. 1132 of 2025, while granting bail the following observation was made: “9. A perusal of the role and activity of the appellant as revealed above does not point to the fact that the appellant was directly involved and had participated in the indiscriminate firing made by the extremists upon the police party near Lukaiya More which resulted in the death of four Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 6 police personnel. In fact it clearly reveals that the appellant was involved in giving logistic support to the terrorist organisation which is similar to that of the co-accused Rajesh Ganjhu who has already been granted bail as noted above.” 12. As we have noted above, the order dated 02-12-2025 passed in Criminal Appeal (DB) No. 1132 of 2025 has been affirmed by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 6153 of 2026. 13. Apart from the role assigned to the appellant in the supplementary charge sheet which is similar to those co-accused who have been granted bail as noted above, the appellant also appears to be in custody since 06-01-2020. It also appears that after pruning the list of charge sheet witnesses, the same has come down to 89 out of which 18 witnesses have been examined so far and it is clearly visible that there is no chance of the trial being concluded in the near future. 14. On consideration of the entire facts and circumstances of the case as depicted above, we are inclined to allow this appeal. Consequently, the order dated 13-02-20026 passed by Sri Abhimanyu Kumar, learned Additional Judicial Commissioner- XVI-cum-Special Judge, NIA, Ranchi in Misc. Criminal Application No.189/ 2026 corresponding to Special (NIA) Case No. 02/2020 arising out of RC No. 25/ 2020/NIA/DLI is hereby set aside and the appellant is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi, subject to the condition that the appellant shall remain physically present before the learned trial court on each and every date till the conclusion of the trial, unless prevented by Neutral Citation 2026:JHHC:18412-DB CRIMINAL APPEAL (DB) NO. 325 OF 2026 7 sufficient cause. 15. This appeal is allowed. 16. Pending I.A.(s), if any, stands closed. (RONGON MUKHOPADHYAY, J.) (ARUN KUMAR RAI, J.) Dated: 23rd June, 2026 Preet/- Uploaded on:24/06/2026.