BINOD MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Special PP for the National Investigation Agency (in short 'NIA ') as also perused the case diary and the chargesheet.

(2.) This appeal has been preferred challenging the order dtd. 29/5/2024 passed by the learned Special Judge, NIA, Patna in connection with Special Case No. 02/2024 arising out of NIA, New Delhi P.S. Case No. RC/26/2023/NIA/DLI dtd. 31/8/2023 registered for the offences alleged under Ss. 153A, 216A/34 of the Indian Penal Code and under Ss. 13, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. The appellant prays for regular bail in connection with this case. He is in incarceration since 21/3/2024.

(3.) The prosecution case is based on the self-statement of one Gulshan Kumar, the Sub-Divisional Police Officer, Tekari, Gaya registered on 10/8/2023 at 10:30 AM giving rise to Tekari P.S. Case No. 480 of 2023 dtd. 10/8/2023. In his self-statement, the S.D.P.O. (informant) has alleged that on 9/8/2023, he got a secret information from the Central Agency that the dreaded Naxal Pramod Mishra and Anil Yadav are staying in the house of this appellant in village Hurrahi under Tekari Police Station and they are trying to strengthen and expand the organization in the Magadh Area by conducting meetings. On the basis of this information, the informant proceeded to verify it and on 10/8/2023, the police force surrounded the house of the appellant, in course of raid, two persons were found who disclosed their names as (1) Pramod Mishra @ Sohan Da @ Banbari Jee @ Bibi Jee @ Baba aged about 71 years and (2) Anil Yadav @ Ankush @ Lavkush aged 29 years. It is alleged that the associates of these persons having sensed arrival of police had fled away. On search, from the possession of the two Naxals, one bluecoloured bag was seized from which in a purse seven notes of Rs.500.00 and four notes of Rs.100.00 total Rs.3,900.00, four letters for strengthening Naxal organization, one book containing 'Dadi Gharelu Nukse ', one book, namely, Dihgam Yog Sandesh, another book, namely, Dastak and four memory card readers and from the door, one Honda Shine Motorcycle were seized. Since no one was ready to become seizure list witness, therefore, the two Constables who were members of the raiding party became seizure list witnesses. Both the Naxals who were caught there, they made their disclosure statements.