Patna High Court – Orders
Devmani Rai @ Anish vs The Union Of India Through Nia New Delhi on 16 May, 2025
Author: Sunil Dutta Mishra
Bench: Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1462 of 2024
Arising Out of PS. Case No.-11 Year-2024 Thana- NIA District- Patna
======================================================
Devmani Rai @ Anish S/o- Nand Kishor Rai @ Bhola Ray Village- Mankauli
P S-Fakuli District- Muzaffarpur
... ... Appellant/s
Versus
The Union of India through NIA New Delhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Prasad Singh, Sr. Advocate
Mr.Priyesh Kumar Jaiswal, Advocate
For the N.I.A. : Dr. K.N. Singh. (A.S.G.)
Mr. Shivaditya Dhari Sinha, AC to ASG
Mr. Manoj Kumar Singh, Spl. P.P., NIA
Mr. Ankit Kr. Singh, AC to Spl. P.P., NIA
======================================================
CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
10 16-05-2025
The present appeal has been filed under Section-
21(4) of National Investigation Agency Act (hereinafter
referred as “N.I.A. Act“) in which the appellant has challenged
the order dated 30th of October, 2024, passed by the learned
Special Court N.I.A., Bihar, Patna in Special Case No. 6 of
2024 (R.C. No. 11/2024/NIA/DLI), whereby the learned
Special Court rejected the bail application filed by the appellant
herein.
2. Brief facts leading to the filing of the present
appeal is as under:-
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
2/122.1. An F.I.R. being Fakuli P.S. Case No. 19 of
2024 came to be lodged under Section-25(1AA), 26 and 35 of
the Arms Act on 07.05.2024 against four accused, including the
present appellant. The case relates to the recovery of one
wooden butt and parts of A.K.47 from the possession of
accused Vikash Kumar and Satyam Kumar on 07.05.2024.
During interrogation of the aforesaid two accused, they
disclosed that one A.K.47 was given to Devmani Rai @ Anish
(present appellant) and thereafter house of the appellant was
searched. On disclosure of the appellant herein, the parts of
A.K.47 with magazine loaded with five cartridges, which was
concealed beneath Marghatiya Bridge, was recovered and
seized on 07.05.2024. Accordingly, the appellant was arrested.
The local police investigated into the matter and thereafter filed
the charge-sheet on 27.06.2024 under Sections- 25(1AA), 26
and 35 of the Arms Act. However, the Ministry of Home
Affairs, Government of India, CTCR Division North Block,
New Delhi, vide its order No.11011/72/2024/NIA dated
02.08.2024, directed the National Investigating Agency
(N.I.A.) to take up the investigation of the F.I.R. of Fakuli P.S.
Case No. 19 of 2024. Accordingly, N.I.A. re-registered the case
as R.C. No. 11/2024/NIA/DLI under Sections- 25(1AA), 26
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
3/12
and 35 of the Arms Act.
3. After the arrest of the appellant, he filed
application for releasing him on bail before the concerned
Special Court. However, the Special Court, vide impugned
order dated 30th of October, 2024, rejected the bail application
filed by the appellant and, therefore, he has filed the present
appeal.
4. Heard Mr. Umesh Prasad Singh, learned senior
counsel for the appellant, assisted by learned counsel Mr.
Priyesh Kumar Jaiswal and Dr. K.N. Singh, learned A.S.G. for
the respondent Union of India (N.I.A.), assisted by Mr.
Shivaditya Dhari Sinha, AC to ASG, Mr. Manoj Kumar Singh,
learned Spl. P.P. (NIA) and Mr. Ankit Kr. Singh, learned A.C.
to Spl. P.P. (NIA).
5. Learned senior advocate appearing for the
appellant has mainly contended that now, after the investigation
of N.I.A., recently supplementary charge-sheet has been filed
under the provisions of the Arms Act as well as under Section-
120B of I.P.C. and under Sections-13 and 18 of Unlawful
Activities (Prevention) Act, 1967 (hereinafter referred to as
“U.A.P.A.”). Learned senior advocate would submit that the
ingredients of Sections-13 and 18 of U.A.P.A. would not be
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
4/12
attracted and, therefore, bar under Section-43-D(5) proviso of
U.A.P.A. would not be applicable. Learned senior advocate
would thereafter submit that only two parts of A.K. 47 rifle
came to be recovered at the instance of the appellant, as per the
case of the investigating agency. However, the said parts were
sent to Forensic Science Laboratory after a period of 3 months
from the date of registration of the F.I.R. It is further submitted
that, so far as the transactions in the bank accounts of the
present appellant and the co-accused with regard to Rs.
38,00,000/- are concerned, the same relates to their business
transaction and, merely because there are certain entries in the
bank accounts of the appellant as well as the co-accused, it
cannot be said that the appellant is involved in the alleged
transaction. In fact, the appellant has been falsely implicated.
6. Learned senior advocate would further submit
that, in fact, after the registration of the F.I.R. by the local
police, the charge-sheet has already been filed and the
concerned trial court has taken cognizance of the same and
thereafter the investigation has been transferred to N.I.A.
Thereafter, N.I.A. has filed second F.I.R. for the same
transaction. It is also contended that even for the seizure of the
two parts of A.K.47, no independent witness has signed the
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
5/12
seizure list. Learned senior advocate, at this stage, has referred
the relevant pages of the charge-sheet papers which are
annexed by the respondent N.I.A. with the second counter
affidavit. Learned senior counsel further submits that, in fact,
there is no material against the appellant herein and the
prosecution has failed to point out any prima facie case against
the appellant and, therefore, the bar of Section-43-D(5) of
U.A.P.A. would not be applicable.
7. Learned senior counsel lastly submitted that the
appellant is in custody since 07.05.2024, i.e. for last one year
and, therefore, he may be released on bail.
8. On the other hand, learned A.S.G. has opposed
the present appeal. Learned A.S.G. has read the averments
made in the counter affidavits filed on behalf of respondent
N.I.A. It has been mainly contended by learned A.S.G. that
now the supplementary charge-sheet has been filed against the
appellant wherein the respondent N.I.A. has stated, in detail,
with regard to the involvement of the appellant in the incident
in question. Learned A.S.G. would mainly submit that on the
basis of the disclosure made by the appellant, parts of A.K. 47
with magazine loaded with five cartridges, which were
concealed beneath the Marghatiya Bridge, were recovered. It
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
6/12
was further revealed that in the bank account maintained in the
name of appellant, a transaction of Rs.38,00,000/- took place in
2 years and the said transactions were made with co-accused
Vikash Kumar and Md. Ahmad Ansari. It is also submitted that,
during investigation, five mobile phones had been seized from
accused Vikash Kumar, Md. Ahmad Ansari and the present
appellant which were forwarded to C.F.S.L., New Delhi for
forensic examination. The report of the C.F.S.L., New Delhi
revealed that the said mobile phones contained photographs of
A.K. 47 rifle, Barretta Pistol and Glock Pistol made in Austria,
photograph of one person, Railway ticket of Vikash Kumar
from Muzaffarpur to Dimapur and Railway ticket of Satyam
Kumar and Vikash Kumar from Dimapur to Muzaffarpur.
Further, the C.D.R’s. were also obtained and it revealed that all
the four accused persons were interconnected with one another.
9. Learned A.S.G., at this stage, has also
submitted that statements of protected witnesses i.e. X-1, Y-1,
Y-2, Y-3, Y-4, Y-5, Y-6 and Y-7, supported that the prohibited
arms were procured by the accused persons from Dimapur,
Nagaland for its sale and supply to criminals and Naxals in
Bihar and, for the said purpose, the accused persons had visited
Dimapur by various modes, including the THAR vehicle of the
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
7/12
present appellant and the amount was also sent to Dimapur. At
this stage, it has been further submitted that the THAR vehicle
of the appellant is registered in the name of his mother. The
said vehicle has been seized vide seizure list dated 21.01.2025.
Learned A.S.G., therefore, urged that there is ample material
available in the papers of the charge-sheet connecting the
appellant with the incident in question and, prima facie, it is
established that the appellant has committed the alleged
offences punishable under Chapter-IV of U.A.P.A. and,
therefore, provision of Section-43-D(5) of U.A.P.A. would be
applicable. Hence, this Court may not entertain the present
appeal.
10. Lastly, learned A.S.G. submitted that there are
other criminal antecedents of the appellant. Thus, looking to his
antecedents also, his case may not be considered for grant of
bail and the appeal filed by the appellant be dismissed.
11. We have considered the submissions
canvassed by learned advocates appearing for the parties. We
have also perused the materials available on record and gone
through the papers of charge-sheet and the relevant
papers/documents separately supplied by learned A.S.G., which
includes reference of statements of protected witnesses.
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
8/12
12. It would emerge from the record that initially a
First Information Report under the provisions of the Arms Act
came to be registered with Fakuli Police Station. The local
police investigated into the matter and thereafter filed charge-
sheet against the accused, including the appellant herein. The
case relates to the recovery of one wooden butt and parts of
A.K. 47 from the possession of co-accused Vikash Kumar and
Satyam Kumar. During interrogation of the aforesaid two
accused, they disclosed that one A.K. 47 rifle was given to the
present appellant and, therefore, the house of the appellant was
searched. Further, on disclosure of the appellant, the parts of
A.K. 47 with magazine loaded with five cartridges, which was
concealed beneath Marghatiya Bridge, was recovered and
seized on 07.05.2024. However, thereafter the respondent
N.I.A. took over the investigation pursuant to the order dated
02.08.2024 passed by the concerned Ministry, the case was re-
registered as R.C. No. 11/2024/NIA/DLI. Now, during the
investigation carried out by the N.I.A., seized arms, i.e. A.K.
47, wooden Butt, Lens and 5 number of ammunition were
forwarded to F.S.L., Bihar, Patna for forensic examination.
Report was received on 16.10.2024, wherein it has been opined
that A.K. 47 was of foreign make regular automatic A.K. 47
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
9/12
rifle and the same was found in working order and was an
effective fire-arm. The expert has further given the opinion that
barrel of the said A.K. 47 rifle indicated that previously firing
has been done from this rifle. The ammunition were also found
to be live and effective. The expert further opined that lenses
are used for quick targetting.
13. It is further revealed from the papers of the
charge-sheet that one bank account was being maintained in the
name of the appellant in Axis Bank, Muzaffarpur and a
transaction of Rs. 38,00,000/- took place during the period
between April, 2022 and April, 2024. Similarly, transaction of
Rs. 20,00,000/- had taken place in another account held in the
name of co-accused Md. Ahmad Ansari at I.D.F.C. First Bank,
Dimapur during the period between March, 2023 and April,
2024. It transpires from the charge-sheet papers that, during
investigation, five mobile phones had been seized from accused
Vikash Kumar, Md. Ahmad Ansari and the appellant herein,
which were forwarded to C.F.S.L., New Delhi, for its
examination. Report dated 30th September, 2024 was received
by N.I.A. which revealed that the said mobile phone contained
photograph of A.K. 47 rifle, Barretta Pistol and Glock Pistol
made in Austria, photograph of one person, Railway ticket of
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
10/12
Vikash Kumar from Muzaffarpur to Dimapur and Railway
ticket of Satyam Kumar and Vikash Kumar from Dimapur to
Muzaffarpur. Further, the C.D.R’s. were also obtained and it
revealed that all the four accused persons were interconnected
with one another. Further, the appellant, Vikash Kumar and
Md. Ahmad Ansari have common contact number of Ranjeet
Das of Dimapur.
14. There is a reference of statements of protected
witnesses, i.e. X-1, Y-1, Y-2, Y-3, Y-4, Y-5, Y-6 and Y-7, who
have supported that the prohibited arms were procured by the
accused persons from Dimapur, Nagaland for its sale and
supply to criminals and Naxals in Bihar and, for the said
purpose, the accused persons had visited Dimapur by various
modes, including the THAR vehicle of the present appellant
and the amount was also sent to Dimapur. The said vehicle is
registered in the name of the mother of the appellant.
15. Thus, it is the specific case of N.I.A. that
conspiracy is found to be hatched in secrecy for procuring
prohibited arms, i.e. A.K. 47 and the acts of the accused
indicates their involvement in commission of crime punishable
under Sections-13 and 18 of U.A.P.A. as well as under Section-
120B of I.P.C.
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
11/12
16. We are of the view that contention taken by
learned senior advocate appearing for the appellant that
ingredients of Sections-13 and 18 of U.A.P.A. are not made out
and, therefore, provisions contained in Section-43-D(5) would
not be applicable, is misconceived. We are of the view that
there are reasonable grounds for believing that accusation
against the appellant is, prima facie, true and, prima facie,
ingredients of offences punishable under Sections-13 and 18 of
U.A.P.A. are made out.
17. We have also gone through the decision
rendered by the Hon’ble Supreme Court in the case of
Shoma Kanti Sen Vs. State of Maharashtra & Anr., reported
in (2024) 6 SCC 591, upon which reliance has been placed by
the learned senior counsel appearing for the appellant. We are
of the view that the said decision would not render any
assistance to the appellant in the facts and circumstances of the
present case and in view of the materials collected by the
respondent N.I.A. against the appellant which have been placed
in the papers of the charge-sheet.
18. Further, there are two criminal antecedents of
the appellant. In fact, appellant has also referred the same in
memo of appeal.
Patna High Court CR. APP (DB) No.1462 of 2024(10) dt.16-05-2025
12/12
19. Looking to the aforesaid facts and circumstances
of the present case, we are not inclined to consider the request
made by the appellant for grant of bail.
20. Accordingly, the appeal stands dismissed.
(Vipul M. Pancholi, J)
(Sunil Dutta Mishra, J)
K.C.Jha/-
U T