Jharkhand High Court
Shankar Yadav vs Union Of India Through National ... on 1 December, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Ambuj Nath
Neutral Citation
2025:JHHC:36679-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 448 of 2025
Shankar Yadav, S/o Late Chandeshwari, R/o 06/LH-98
Housing Board Colony, P.O. & P.S.- Barari, Dist.- Bhagalpur,
Bihar. ... Appellant
Versus
Union of India through National Investigating Agency,
Represented by Superintendent of Police N.I.A. having its
office at N.I.A. Campt Office, Quarter No. 305, Sector-II, P.O.
& P.S.- Jagarnathpur, Dist.- Ranchi, Jharkhand.
... Respondent
----
PRESENT HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH
----
For the Appellant : Mr. Balaji Srinivasan, Adv. For the Resp.-NIA : Mr. Amit Kumar Das, Spl. P.P.-NIA
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Dated : 01/12/2025
1. Heard Mr. Balaji Srinivasan, learned counsel for the appellant and Mr. Amit Kumar Das, learned Special P.P.-NIA.
2. This appeal is directed against the order dated 21-10-2024 passed in Misc. Criminal Application No. 2693/2024 corresponding to Special NIA. No. 01/2021 in connection with RC Case No. RC-01/2021/NIA/RNC arising out of Balumath P.S. Case No. 234/2020 by the learned Special Judge, NIA at Ranchi, whereby and whereunder, the prayer for bail of the appellant has been rejected.
3. It has been alleged that on 18.12.2020 an information was received at Balumath, Police Station that some unknown persons were burning vehicles and firing indiscriminately near Check- post No. 1 at Tetariakhad Colliery. The miscreants had fired at the Police party that had rushed to the spot and had also burnt CRIMINAL APPEAL (DB) NO. 448 OF 2025 1 Neutral Citation 2025:JHHC:36679-DB 04 trucks, 01 motorcycle and had also injured 04 civilians. From the place of occurrence remnants of burnt vehicles, fragments of a can bomb with wire, spent cartridges, handwritten pamphlets issuing threats to transporters and coal companies involved in mining signed by one Pradeep Ganjhu etc. were found. On inquiry it was revealed that gangster Sujit Sinha and Aman Sao had conspired with Pradeep Ganjhu and his associates namely Santosh Ganjhu (appellant), Pramod Ganjhu and others in disruption of Government work as well as for extortion.
Based on the aforesaid allegations Balumath P.S. Case No. 234/2020 was instituted for the offences punishable u/s 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120-B, 121- A, 216 of the IPC, Sections 25(1) (b), 26, 27, 35 of the Arms Act, Sections 3/4 of the Explosive Substances Act, Sections 17 of the CLA Act and Sections 10, 13, 16(1), (b), 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the UAP Act for the sake of brevity).
The Ministry of Home Affairs, Government of India in exercise of powers conferred u/s 6(5) read with Section 8 of the NIA Act vide F. No. 11011/01/2020/ΝΙΑ dated 07.01.2020 directed the National Investigation Agency to take up investigation of Balumath P.S. Case No. 234/2020 which was re- registered as Case No. 01/2021/ NIA-RNC. Charge-sheet was subsequently submitted against the appellant and other accused persons.
4. It has been submitted by Mr. Balaji Srinivasan, learned counsel appearing for the appellant that the appellant is in custody since 08-02-2024 and he does not have any criminal antecedent. The appellant is a businessman and runs two registered businesses being Om Shanti Trading which works on government contracts and orders and the other being Infra City Private Limited which is into construction business. It has been CRIMINAL APPEAL (DB) NO. 448 OF 2025 2 Neutral Citation 2025:JHHC:36679-DB submitted that the appellant is not named in the First Information Report or in the three charge sheets submitted by the Police and NIA and has been implicated after four years of the occurrence based on independent and separate transactions not related to the bombing incident at Tetariya Khad Colliery. The case of the prosecution against the appellant is of recovery of an amount of Rs. 1,30,00,000/- in cash and some arms and ammunitions and so far as the arms are concerned, the same are licensed and as regards the cash is concerned, the same was the amount received from the persons intending to purchase flats. It has further been submitted that the appellant has commercial business transactions with Akash Sahu who supplies raw materials to the apartment for his real estate business "Maa Sharda Apartments". This fact has also come in the statement of Krishna Yadav. Only 19 witnesses have been examined by the prosecution and there are still a large number of witnesses to be examined and documents to be exhibited. It has been submitted that several co-accused persons have been granted bail in Criminal Appeal (DB) No. 98/2022, Criminal Appeal (DB) No. 191/2022, Criminal Appeal (DB) No. 204/2022 and Criminal Appeal (DB) No. 51/2022.
5. Mr. Amit Kumar Das, learned Special P.P.-NIA has submitted that the appellant was a pivotal figure in the investment and channelization of funds collected on account of the extortion activities of the co-accused Aman Sahu. On a raid conducted in the house of the appellant, huge quantity of cash, arms and ammunitions and incriminating documents were recovered. In course of investigation, it has come to light that the appellant had opened a firm, namely, Kiran Enterprises in the name of Akash Sahu as proprietor and another firm in the name of Om Sai Trading and Construction Company owned by the appellant and both the firms were situated in the same premises.
CRIMINAL APPEAL (DB) NO. 448 OF 2025 3 Neutral Citation 2025:JHHC:36679-DB On scrutiny of the bank statements, it was detected that several transactions have taken place between the two firms and such transactions were for rotating the extorted funds and creating a false front for the same. Even the arms license of the appellant was obtained by fraud and forgery. It has been submitted that the Forensic Analysis Report of mobile phones, sim cards etc. recovered from the house of the appellant reveal that multiple chats and calls were held between the appellant and Akash Sahu regarding the activities of Aman Sahu from jail. The voice recordings were also analyzed and the transcripts reveal the role of the appellant in procuring arms and ammunitions. Mr Das has, therefore, submitted that there being overwhelming material on record, a prime facie case is made out against the appellant and, therefore, the appellant does not deserve bail.
6. We have heard the learned counsel for the respective sides and have also perused the affidavits submitted by them including the supplementary charge sheet.
7. The appellant has been arrayed as (A-29) and the role and activities of the appellant has been depicted in the following manner:
"17.4.5 Investigation has further established that accused Shankar Yadav (A-29), an associate of accused Aman Sahu (A-2), was assisting him in the channelizing of extorted funds using shell firins and investing in movable and immovable properties in Bihar and Jharkhand. A search was conducted at the home premises and offices of Shankar Yadav (A-29) on 08.02.2024 in which a huge amount of unaccounted cash (Rs 1.3 Crores), illegal arms and ammunition, and incriminating documents were recovered. Based on this discovery, accused Shankar Yadav (A- 29) was CRIMINAL APPEAL (DB) NO. 448 OF 2025 4 Neutral Citation 2025:JHHC:36679-DB arrested on the same day. The following incriminating articles were seized from the home premises of accused Shankar Yadav (A-29) in Bhagalpur, Bihar in the presence of independent witnesses.
❖ Rupees 1,30,00,000 (One crore Thirty Lakhs) in cash which has been duly deposited in an account of SP-NIA, B.O. Ranchi in SBI, Sector-2 Dhurwa Branch. (M-117).
❖ 01 (One) 30-06 Sporting 30.15 bore rifle with one empty magazine.
❖ 01 (one) 7.65mm x 17.15mm pistel with two empty magazines; 26 live rounds and base marked as 7.65 K.F. of ammunition; 31 live rounds and base bearing 30- 06 SPRG S&B; and 06 live rounds and base bearing 8mm KF. ❖ One navy blue coloured OPPO Reno 7 Pro 5G mobile phone.
❖ One white colour Apple Iphone-13 bearing serial no. JNOWCJKTX3.
❖ One hard disc of 1TB bearing serial no. Z9CE6NWV,P.N.-2EZ102-300and F.W.- CV11. ❖ One diary having black cover mentioned on CNH industrial 2018.
❖ A bunch of loose paper.
❖ Bunch of copy of deeds papers.
17.4.10 Aman Sahu, through Akash Kumar @ Akash Sahu and Shankar Yadav (A-29) were using firms as a false front to rotate the funds of the terror gang. Investigation established that Shankar Yadav opened a firm named M/S Kiran Enterprises (GSTIN:
10HPYPK9276J1ZZ) in the name of Akash Kumar @ CRIMINAL APPEAL (DB) NO. 448 OF 2025 5 Neutral Citation 2025:JHHC:36679-DB Akash Sahu as roprietor. Another firm M/S Om Sai Trading and Construction Company is owned by the accused Shankar Yadav (A-29). Both the firms were situated at the same premises. It was confirmed in the scrutiny of the relevant bank statements that several transactions have taken place between M/S Om Sai Trading and Construction (Shankar Yadav, A-29) and M/S Kiran Enterprises (Akash Kumar @ Akash Sahu). It has also established that instead of actual business transaction, the transaction between them were done for rotating extorted funds and creating false front for the same.
17.4.11 During the investigation examination of individuals PW-273, PW-274, PW- 275, PW-276, PW-
277, PW-278, PW-279 & PW-280 about whom Shankar Yadav (A-29) had claimed in his custodial examination that they had received cash from them whicli was seized from his possession at his home on 08.02.2024, was done. Statements u/s 161 Cr.P.C. of PW-273, PW-274, PW-275, PW-276, PW-277, PW- 279 & PW-280 revealed that the claims of accused Shankar Yadav (A-29) are false as the above mentioned persons stated they had made no payments in cash to the accused Shankar Yadav (A-
29), payments, if any, were made via bank transfers. 17.4.12 Further, in the ITR for Assessment Year 2022-23 filed by Shankar Yadav (A-29), Cash in hand declared by him (A-29) in his ITR is only Rs 44,569 which is highly disproportionate to the actual recovered cash amount. (Annexed in the 3rd SFR-1, Annexure-B as D-368.
17.4.13 The seized arms and ammunition recovered CRIMINAL APPEAL (DB) NO. 448 OF 2025 6 Neutral Citation 2025:JHHC:36679-DB from Shankar Yadav's (A-29) home were sent to DFSL, Ranchi for examination whose report dated 08.07.2024 has confirmed that the weapons were effective and the ammunition recovered were live ammunition. It was unearthed after the scrutiny of the arms license of Shankar Yadav (A-29) presented by Savitri Kumari w/o Shankar Yadav via Production cum seizure memo, dated 16.02.2024, that the license so produced was obtained by fraud and forgery by accused Shankar Yadav (A-29). According to the details present in the 'Arms Licence Online' section on the Ministry of Home Affairs, Government of India's website, the said license was issued to him against the application in which Shankar Yadav (A-29) has mentioned his name as "Shandkar Yadav", occupation "Armed Forces" and address "Gandhinagar, Jammu". Investigation has established that Shankar Yadav never worked with any Armed Force and has never resided at Gandhinagar, Jammu.
17.4.14 Investigation established that the 06 live rounds with base bearing 8mm KF were recovered from Shankar Yadav's (A-29) home during search conducted on 08.02.2024. These ammunitions were illegally possessed without valid license. Accused Shankar Yadav (A-29), has stated that the same ammunition belongs to his employee Saurabh Kumar. However, in their statements and under the production memo, witnesses Saurabh Kumar and his father Nawal Kishore Chowdhury both have denied purchase of the said ammunitions by them. During investigation it was found that no entry was made for the arms and license held by Shankar Yadav in the CRIMINAL APPEAL (DB) NO. 448 OF 2025 7 Neutral Citation 2025:JHHC:36679-DB local Police Station's arms register as mandated under the Arms Act.
17.4.15 Electronic items i.e. mobile phones, sim cards etc seized from the house search and from personal search of accused Shankar Yadav (A-29) were forwarded to CFSL, New Delhi for forensic analysis. According to the examination report and Scrutiny of extracted data established that multiple chats and calls were held between accused Shankar Yadav (A-29) and Akash Kumar @ Akash Sahu and one Jitendra Poddar @ Vishu Poddar about activities of Aman Sahu from Jail. Chats with pictures regarding dealing of aruns were also recovered. 17.4.16 Scrutiny of extracted data established that more than 15 virtual numbers were found to be saved in the contact list/screenshot/memory of the phone of Shankar Yadav (A-29). Out of them 04 (four) virtual numbers are saved in the name of 'Jai Mahakaal' and 'Shri Mahakal". Investigation has also established that the username 'Jai Mahakal' and 'Shri Mahakal' were being used by accused Aman Sahu (A-2) and his associate Mayank Singh in applications like Telegram which has been mentioned in the statements of multiple witnesses including protected witnesses. Analysis of virtual numbers and whatsapp account linked to them revealed that all these numbers were found to be inactive as provided by telecom service provider.
17.4.17 Further, according to the CDR analysis report of Shankar Yadav's phone number it established that Shankar Yadav had been well CRIMINAL APPEAL (DB) NO. 448 OF 2025 8 Neutral Citation 2025:JHHC:36679-DB connected with Akash Kumar Akash Sahu.
Investigation further established that multiple incriminating voice recordings regarding dealing of arms and ammunitions from the seized OPPO Reno 7 Pro 5G and iPhone mobile phones of accused Shankar Yadav (A-29) have been found in extracted data which was provided by CFSL, New Delhi. In the transcript of these recordings, it was established that in these conversations Shankar Yadav (A-29) was seeking to procure ammunition 7.65 for Moti. In a transcript of another conversation, he (A-29) was seeking procuring of foreign ammunition from unknown persons. In a transcript of another conversation, he (A-29) was seeking to store a rifle in a safe place. After due permission from Ld. Spl NIA Court Ranchi, the said recordings along with relevant voice samples of Shankar Yadav (A-29) has been forwarded for comparison, analysis and opinion of CFSL and report is awaited.
17.4.18 During investigation it established that Shankar Yadav (A-29) and Akash Kumar @ Akash Sahu have been utilizing the illicit funds gained from extortion to invest in one residential project in Tupudana, Ranchi named 'Maa Sharda Enclave Apartments'. Several witnesses employed as workers in the construction of the said project have confirmed that both Shankar Yadav (A-29) and Akash Kumar @ Akash Sahu were overseeing the construction work and making payments for the same.
17.4.19 Upon investigation into the manner of acquisition of the said property, it is established that the legal owner of the property is one Mohit Narsaria CRIMINAL APPEAL (DB) NO. 448 OF 2025 9 Neutral Citation 2025:JHHC:36679-DB s/o Lt K.N. Narsariya. Mohit Narsariya during his examination revealed that he sold the property "Maa Sharda Enclave Apartment" to Shankar Yadav (A-29) on the agreed price of Rs 2.60,00,000 (Rupees Two Crores and Sixty Lakhs). He further stated that no fo- mal agreement has yet been done although Shankar Yadav has taken over the possession of the said property. He also stated that as of now, he has only received Rs. 25,00,000 (Rupees Twenty-Five, Lakhs) in his account. No satisfactory explanation was given by him as to why the possession of the said property was given by him to Shankar Yadav (A-29) without getting full payment. He also mentioned that he has not signed in the "agreement of sale" document which has been submitted by Shankar Yadav (A-29) to obtain electricity connection in the said property. 17.4.20 It was further established that legal transfer of ownership of the property has not taken place, still the accused Shankar Yadav (A-29) is in actual possession of the property and has changed the name of the building to "Savitri Shankar Enclave" and has been entering into lease agreements with severa! tenants as the landlord of the property. Upon investigation, it was established from the Letter from Assistant Electrical Engineer, Tupudana, Ranchi vide Letter No-614, Dt- 15.06.2024 that Shankar Yadav (A-
29) had forged the signature of Mohit Narsariya in an "agreement of sale" document which was submitted along with his application for electricity connection. As Mohit Narsariya has stated that he has not executed any agreement with Shankar Yadav (A-29). Accordingly, the said document has been sent to CRIMINAL APPEAL (DB) NO. 448 OF 2025 10 Neutral Citation 2025:JHHC:36679-DB DFSL, Ranchi for matching the signature and handwriting of Mohit Narsariya. Draft of the same agreement of sale was recovered from the Tupudana residence of Shankar Yadav (A-29) on 10.02.2024 which had been used to apply for electricity connection. A copy of the same had been submitted to Electricity Department by the accused Shankar Yadav (A-29) after adding forged signature of Mohit Narsariya.
17.4.21 It was established through legal interception that accused Shankar Yadav on a conference call through his wife Savitri Kumari from Birsa Munda Jail, had threatened witness Irfan Khan to not share any information about Akash Kumar @Akash Sahu to the NIA. Voice sample of Irfan Khan has been collected and forwarded to CFSL for forensic report, which is awaited.
17.4.22 Survey of Maa Sharda Enclave which was purchased by Shankar Yadav (A- 29) from Mohit Narsariya has been done in the presence of independent witness and photographs were taken. At present, this property has been renamed as Savitri Shankar Enclave and a "TO-LET' board having mobile number 9939099468 mentioned on it was found hanging on the apartment. This number is in the name of Savitri Kumari wife of accused Shankar Yadav as per CAF obtained from telecom service provider AirTel. 17.4.23 On 19.06.2024 a search was conducted at house of Aman Sahu (A-2), in which a Toyota Fortuner vehicle bearing registration number JH01EV4900 which was being used by Akash Kumar @ Akash Sahu, brother of Aman Sahu, was seized. The delivery CRIMINAL APPEAL (DB) NO. 448 OF 2025 11 Neutral Citation 2025:JHHC:36679-DB of the vehicle was also taken by Akash Kumar @ Akash Sahu under authorisation of Shankar Yadav (A-
29). Further investigation brought out that the seized Toyota Fortuner vehicle bearing registration number JH01EV4900 was purchased by Shankar Yadav (A-
29) for use by Akash Kumar @ Akash Sahu [brother of Aman Sahu (A-2)) for utilization in the illicit extortion activities of the terrorist gang. It was established that the same had been purchased from Heritage Toyota Showroom at Ormanjhi, Ranchi by funds from the bank account of Shankar Yadav (A-29)'s firm M/S Om Sai Construction and Trading Company.
17.4.24 It was further established from the scrutiny of the registration and purchase documents that the accused Shankar Yadav (A-29) purchased the said vehicle by submitting a rent agreement (to prove local address) one Raj Kishore Sahu. During his examination, Raj Kishore Sahu, r/o P.S. Palu, Ormanjhi, Ranchi, stated that he had never made any agreement with Shankar Yadav which has been used for purchase of this vehicle."
8. In the supplementary affidavit filed by the appellant, certain documents have been brought on record to suggest that the amount of cash recovered from the house of the appellant was on account of business transactions with respect to purchase of flats. However, it has come in course of investigation that the cash in hand declared by the appellant is Rs. 44,569/- in the I.T.R. for the Assessment Year 2022-23. The bank transactions between the firms of the appellant and Akash Sahu further strengthen the suspicion regarding the cover-up of the extorted funds and this also indicates the close association between the appellant and Akash Sahu. The other incriminating articles CRIMINAL APPEAL (DB) NO. 448 OF 2025 12 Neutral Citation 2025:JHHC:36679-DB recovered from the house of the appellant divulges the manner in which the tentacles of the gang have spread, the appellant being one of the main actors in the same. Thus, the contention of the learned counsel for the appellant that the appellant be granted bail since several co-accused persons have been granted bail, is negated in view of the overwhelming materials collected during investigation which distinguishes the case of the present appellant with the other accused persons. The period of incarceration would also not be a guiding factor since the appellant is in custody since 08-02-2024. The trial, as has been submitted by Mr. A.K. Das, learned Special P.P.-NIA is progressing. The overall conspectus of the case clearly reveal that a prima facie case is made out against the appellant and, therefore, the embargo as envisaged under Section 43d(5) of the Unlawful Activities (Prevention) Act, 1967 will get activated and as a consequence thereof, we do not find any reason to interfere in the impugned order dated 21-10-2024 passed in Misc. Criminal Application No. 2693/2024 corresponding to Special NIA. No. 01/2021 in connection with RC Case No. RC- 01/2021/NIA/RNC arising out of Balumath P.S. Case No. 234/2020 by the learned Special Judge, NIA at Ranchi and accordingly dismiss this appeal.
9. Pending I.A.s, if any, stands closed.
(RONGON MUKHOPADHYAY, J.) (AMBUJ NATH, J.) Dated: 01st December, 2025 Preet/-
Uploaded on: 09/12/2025.
CRIMINAL APPEAL (DB) NO. 448 OF 2025 13