Neutral Citation 2026:JHHC:19638-DB CRIMINAL APPEAL (DB) NO. 532 OF 2026 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 532 of 2026 Abhinav @ Gaurav Kumar @ Bittu @ Atul S/o Ramashray Sharma, R/o Vill- Ramdih Motha, P.O. & P.S.- Goh, Dist.- Aurangabad, Bihar. ... Appellant Versus Union of India through National Investigation Agency … Respondent ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI ---- For the Appellant : Mr. Jitendra S. Singh, Sr. Adv. For the Resp. : Mr. Amit Kumar Das, Sr. Adv. ---- Dated : 30/06/2026 1. Heard Mr. Jitendra Shankar Singh, learned counsel for the appellant and Mr. Amit Kumar Das, learned senior counsel for NIA. 2. This appeal is directed against the order dated 16.02.2026 passed in Misc. Criminal Application No. 187/2026 in connection with Special (NIA) Case No. 01/2022 arising out of RC-05/201/NIA/RNC by Sri Abhimanyu Kumar, learned A.J.C-XVI-cum-Special Judge for NIA Cases, Ranchi, 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 an information that some prominent cadres of Communist Party of India (Maoist), a proscribed terrorist Organisation, Pradyuman Sharma @ Saket @ Kundan @ Sudhanshu @ Kunal @ Nakul @ Laden along with Yogendra Ravidas @ Lighter, Nagendra Giri, Abhinav @ Gaurav @ Bittu, Neutral Citation 2026:JHHC:19638-DB CRIMINAL APPEAL (DB) NO. 532 OF 2026 2 Dhananjay Paswan [arms supplier to CPI (Maoist)] and others are conspiring to revive CPI (Maoist) in Magadh zone. It has been alleged that in furtherance to this sinister motive, they have conspired to raise funds for procurement of arms and ammunitions and imparting training of cadres of IED's fabrication and to liaise with incarcerated Naxals, OGW's in various jails for commission of terrorist activities. 4. Considering the gravity of the said offence and in exercise of the powers conferred under Sub-Section (5) of Section 6 of the National Investigation Agency Act, 2008, the Government of India, Ministry of Home Affairs, CTCR Division vide Order F.No.11011/79/2021/NIA dated 27.12.2021 directed the National Investigation Agency to take-up investigation of the aforesaid case. In compliance to the said directive, NIA had registered the instant case as RC No.- 05/2021/NIA/RNC dated 30.12.2021 under Sections 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967. 5. It has been submitted by Mr. Jitendra S. Singh, learned senior counsel for the appellant that the appellant has been implicated primarily on the basis of suspicion. It has been submitted that one of the co-accused Anand Paswan has been granted bail by a Co-ordinate Bench of this Court in Criminal Appeal (DB) No. 643 of 2025. The appellant is in custody since 03-01-2023 and there is no chance of the trial being concluded in the near future. 6. Mr. Amit Kumar Das, learned senior counsel for the NIA has submitted that the appellant worked as a conduit between the operatives of CPI(Maoist) and other stakeholders of Magadh zone in the State of Bihar and Jharkhand. The appellant was involved in raising funds for the terrorist organization. Mr. Das has submitted that the initial number of charge sheet witnesses of 186 has been pruned down to 76 witnesses and 24 witnesses are Neutral Citation 2026:JHHC:19638-DB CRIMINAL APPEAL (DB) NO. 532 OF 2026 3 still left to be examined. 7. We have heard the learned counsel for the respective sides and have also perused the affidavits on record. 8. The role and offenses established against the appellant who has been arrayed as (A-3) in the Supplementary Charge Sheet has been depicted at para 17.14.1 which reads as under: 17.14.1: Role and offences established against accused Abhinav @ Gaurav Kumar @ Bittu @ Atul (A-3): Accused A-3 is associated with CPI(Maoist), a banned terrorist organization, declared by the Government of India. For the cadres of CPI(Maoist), he used to raise funds and also motivated ex-cadres of CPI(Maoist) for the revival of the above organization. He was part of the conspiracy to raise funds for the CPI(Maoist) in the instant case. As a part of the larger conspiracy, he worked as a conduit between the operatives of CPI (Maoist) and other stakeholders of Magadh Zone in the state of Jharkhand and Bihar. A-3 was raising funds from local contractors and also working for the revival of the CPI(Maoist), knowing full well that such funds will be used against the country and threatening its Unity, Integrity, Security and Sovereignty. Therefore, as per averments made in pre- paras, it is established that A-3 became member of CPI (Maoist) and actively participated in conspiracy, which was hatched among co-accused persons for raising funds for the CPI(Maoist). Thereby, A-3 has committed offences u/s. 120B (Substantively) 120B r/w Section 386 & 411 of IPC & Sections 13, 17, 18, 20, 38, 39 & 40 of UA (P) Act, 1967.” 9. It appears that during investigation, the house of (A-1) and (A-2) were searched and during search, the presence of the Neutral Citation 2026:JHHC:19638-DB CRIMINAL APPEAL (DB) NO. 532 OF 2026 4 appellant was also noted. Several incriminating letters were seized, many of which have been written by the appellant as per the Forensic Examination Report of CFSL, Kolkata. The voice clips of the appellant revealed that he was in regular contact with (A-1) and (A-2) in conspiring to raise funds for the banned terrorist organization. Incidentally (A-1) is Tarun Kumar whose prayer for bail has been rejected twice by a Co-ordinate Bench of this Court, lastly in Criminal Appeal (DB) No. 39 of 2026. Though Mr. Singh, learned senior counsel for the appellant has relied upon the order dated 30-10-2025 passed in Criminal Appeal (DB) No. 643 of 2025, but the case of the said appellant is on an entirely different footing as his role was restricted to recovery of a country made pistol and 14 rounds of ammunition, but the larger conspiracy in funding the terrorist organization has been attributed to (A-1) and the present appellant. In fact, the role of (A-1) has also been taken note of in the order dated 30-10-2025 in the following manner: “9. It would, therefore, appear that a country-made pistol along with 14 rounds were recovered. So far as Tarun Kumar is concerned, his role is depicted in the charge sheet at paragraph 17.14.01 and from which it appears that the said accused was directly involved in collection of levy and he was working as a conduit between the operatives of CPI (Maoist) and other stakeholders of Magadh zone in the state of Jharkhand and Bihar.” 10. The nexus between (A-1) and the appellant has already been portrayed by us above and considering the nature of allegations leveled against the appellant and the incriminating materials collected by the investigating agency certifying such nefarious and subversive activities which would overwhelm the period of custody undergone by the appellant, we are not inclined to Neutral Citation 2026:JHHC:19638-DB CRIMINAL APPEAL (DB) NO. 532 OF 2026 5 interfere in the impugned order dated 16.02.2026 passed in Misc. Criminal Application No. 187/2026 in connection with Special (NIA) Case No. 01/2022 arising out of RC- 05/201/NIA/RNC and consequently, we dismiss this appeal. 11. Pending I.A.(s), if any, stands closed. (RONGON MUKHOPADHYAY, J.) (ARUN KUMAR RAI, J.) Dated: 30th June, 2026 Preet/- Uploaded on: 06 /07 /2026.