NARESH PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal filed under Sec. 21(4) of the National Investigation Agency Act, 2008, is directed against the order dtd. 19/9/2024 passed by the learned Additional Sessions Judge-II, Giridih in A.B.P. No. 1247 of 2024, by which the prayer for grant of anticipatory bail of the appellants in connection with Saria P.S. Case No.75 of 2021 registered under Ss. 3/4/5 of the Explosive Substances Act, has been rejected.

(2.) It has been contended on behalf of the appellants that in a same transaction two FIRs have been instituted one being Saria P.S. Case no. 74/2021 registered for the alleged offences u/s 21/21(1) MMDR Rule, Sec. 54 Jharkhand Minerals (Prevention of Illegal Mining and Storage Rule), & Sec. 414/34 IPC while the second FIR being Saria P.S. Case no. 75/2021 was filed in connection with offences u/s 3 /4/5 of Explosive Substances Act.

(3.) It has been contended that so far as it relates to Saria P.S. Case No. 74 of 2021, the prayer for pre-arrest bail of the appellants has been considered by the learned court and the same been allowed on the ground that neither the appellants were found at the place of occurrence nor any belongings have been recovered.