Patna High Court
Ning Kham Shangtam @ Ningkham Angkang vs The State Of Bihar Through N.I.A., Patna on 29 March, 2024
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.882 of 2023
Arising Out of PS. Case No.-5 Year-2019 Thana- NIA District- Patna
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Ning Kham Shangtam @ Ningkham Angkang, Son of Ating Angkang @
Hampun Thing @ Athing Shangtam R/O Village- Lungfu, Lumphu, P.O And
P.S- Litan, Dist- Ukhrul (Manipur), Presently Residing At Gali/Lane No. 17
Near Badminton Hall, Half Nagarjan, P.S.- East Police Station, Nagaland,
District- Dimapur, Nagaland
... ... Appellant
Versus
The State of Bihar through N.I.A., Patna
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. P.N. Shahi, Senior Advocate
Mr. Shivanand Singh, Advocate
For the Respondent/s : Mr. K.N. Singh, A.S.G
Mr. Manoj Kumar Singh, Spl PP
Mr. Shivaditya Dhari Sinha, Advocate
Mr. Devansh Shankar Singh, Advocate
Mr. Ankit Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 29-03-2024
Heard Mr. Pushkar Narayan Shahi, learned Senior
Counsel assisted by Mr. Shivanand Singh, learned counsel for the
appellant and Dr. K.N. Singh, learned ASG assisted by Mr. Manoj
Kumar Singh, learned Special PP for the National Investigation
Agency (in short 'NIA').
2. By filing this appeal, the appellant is seeking setting
aside of the order dated 20.07.2023 passed in Special Case No. 02
of 2019 R.C. No. 05 of 2019, CIS No. 02 of 2019 by learned
Special Judge, N.I.A., Patna whereby and whereunder the learned
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
2/8
court has rejected the prayer of the appellant for grant of regular
bail in connection with R.C. No. 05.2019/NIA/DLI dated
28.02.2019
registered for the offences punishable under Sections
414, 467, 468, 471, 474 of the Indian Penal Code, Section 25(1)
(a), 25(1A), 25(1AA), 25(1-B)(a), 26, 29 and 35 of the Arms Act
and Sections 16, 17, 18, 18B and 19 of the Unlawful Activities
(Prevention) Act, 1967 arising out of Baisi P.S. Case No. 35 of
2019 registered for the offences punishable under Section 414 of
the Indian Penal code and Section 25(1-B)(a), 26, 35 of the Arms
Act.
Submissions on behalf of the Appellant
3. Learned Senior Counsel for the appellant submits that
as per the prosecution story, the informant S.I. Vijay Kumar Yadav
of Baisi police station recorded his self-statement on 07.02.2019
stating therein that on 07.02.2019 at about 05:20 P.M., when he
along with three other police constables reached Dalkola Check
Post and started checking vehicles, one white Safari Car bearing
Registration No. AS01AU5862 coming from Bengal side was
stopped for checking and the driver along with two others tried to
flee but were caught by the armed forces. They disclosed their
identity as Suraj, Clearson Kabo and V.R. Kahorgam. When the
car in question was searched in presence of two witnesses, 600 live
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
cartridges were seized from the middle seat of the car. From the
possession of V.R. Kahomgam (accused), an old black Nokia
Mobile with Airtel and Yellow SIM, Rs.5,000/- cash and a driving
license were recovered. From the possession of Clearson Kabo,
Rs.3,500/- cash, a VIVO touch screen mobile with SIM and a
driving licenses were recovered. From accused Suraj, Rs. 630/-
cash, one Aadhar Card and one Samsung mobile were recovered.
The accused persons disclosed that they used to get the cartridges
from Dimapur, Manipur and delivered it at Patna to Mukesh Singh
and Santosh Singh.
4. Learned Senior Counsel for the appellant submits that
the appellant is not named in the first information report but in
course of investigation, police recorded confessional statement of
the apprehended accused in which the name of the appellant has
transpired. It is pointed out that the name of this appellant has
surfaced in the confessional statement of co-accused Suraj whom
this appellant does not know and he has no concern with him in
any manner. It is further submitted that the appellant was not
arrested on the spot and no incriminating article has been
recovered from his possession to connect him with the alleged
occurrence in which huge quantity of arms and ammunition have
been seized.
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
5. Learned Senior Counsel submits that the appellant has
been brought in this case by way of taking him on remand from
Dimapur East P.S. Case No. 0115 of 2019 and in connection with
this case, he is in custody since 20.05.2019. It is submitted that in
the present case, altogether, 123 witnesses are to be produced by
the prosecution but till date only 24 witnesses have been
examined, therefore, the trial is not likely to be concluded in near
future. Considering the incarceration of the appellant for about five
years in connection with this case, it is submitted that the appellant
deserves privilege of bail at this stage.
6. Learned Senior Counsel submits that one of the
accused, namely, Tripurari Singh @ T.P. Singh has been granted
bail by learned co-ordinate Bench of this Court in Cr. Appeal (DB)
No. 930 of 2022.
Submissions on behalf of the NIA
7. Dr. K.N. Singh, learned ASG has opposed the appeal.
A counter affidavit has been filed in this case and with the counter
affidavit, a copy of the supplementary chargesheet filed by the
NIA has been brought on record.
8. Learned ASG submits with reference to the materials
present in the supplementary chargesheet that the name of this
appellant has transpired not only in the confessional statement of
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
co-accused Suraj but also in his statement recorded under Section
164 Cr.P.C. before a learned Magistrate. The Investigating Agency
has found that the appellant was engaged in smuggling of
weapons, he is the prime accused and the investigation has
revealed that the appellant had received huge amount in his
account and in the account of his wife from some of the members
of the gang who were involved in deliveries of consignment of
arms and ammunition. In this connection, paragraph '17.24' of the
supplementary chargesheet and copy of the bank account showing
deposits made in the account of the appellant from time to time by
the co-accused have been relied upon.
9. Learned ASG further informs this Court that though
initially the prosecution had given list of 123 witnesses but
recently it has been pruned and now about 90 witnesses are to be
examined in the trial. Out of 90 witnesses, 24 witnesses have
already been examined and the learned trial court has fixed slots
for examination of witnesses every month. It is informed that
expectedly at least five witnesses are likely to be examined every
month, therefore, all the prosecution witnesses are likely to be
examined within next fourteen months.
10. It is submitted that the prayer for bail of Tripurari
Singh @ T.P. Singh has been allowed by learned co-ordinate
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
Bench but a perusal of the order would show that his name has not
been taken in the confessional statement much less in the
statement under Section 164 Cr.P.C. There are several
distinguishable features of the said case.
11. It is pointed out that one of the accused, namely,
Santosh Kumar @ Santosh Singh had moved this Court for
identical relief in Cr. Appeal (DB) NO. 114 of 2021 which has
been rejected by learned co-ordinate Bench of this Court vide
judgment dated 03.10.2023. Yet, another accused Mukesh Singh
had also moved this Court in Cr. Appeal (DB) No. 139 of 2021
which has been rejected vide judgment/order dated 26.10.2021 and
a Special Leave to Appeal preferred before the Hon'ble Supreme
Court in Special Leave to Appeal (Cri) No. 9652 of 2021 has been
rejected vide order dated 07.01.2022.
Consideration
12. Having regard to the entire materials placed before
this Court, we are of the considered opinion that mere
incarceration of the appellant for about five years in custody would
not be enough to allow him to go on bail. The seriousness of the
allegations and the severity of the punishment attached to the
offences alleged against the appellant are such that this Court
would not accept the submission of learned Senior Counsel for the
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
appellant that because the trial is not likely to be concluded very
soon, therefore, the appellant deserves privilege of bail.
13. We deem it appropriate to take note of the
information furnished in paragraph '17.24' of the supplementary
chargesheet hereunder:-
"17.24. The FIR established the incident.
Investigation through the disclosures and pointing
out established the places of earlier deliveries of
consignments of arms and ammunition as well as
association of Ningkhan Sangtam (A-6) with Suraj
(A-1), V.R. Kahorangam (A-2), Clearson Kabo (A-
3), Mukesh Singh (A-5) and Santosh Singh (A-7)
and his involvement in the conspiracy of
procurement and supply of sophisticated and
prohibited arms and ammunition. The investigation
establishes the conspiracy hatched between the
accused persons for smuggling of weapons of
which Ningkhan Sangtam (A-6) was a prime
member. It also establishes the advance of Rs 10
Lacs received by Ningkhan Sangtam (A-6) from
Mukesh Singh (A-5) & Santosh Singh (A-7) for a
consignment of arms & ammunition. The
investigation establishes the procurement & supply
of arms & ammunition by Ningkhan Sangtam (A-
6) in assistance with Suraj (A-1), V.R. Kahorangam
(A-2), Clearson Kabo (A-3) to Mukesh Singh (A-5)
& Santosh Singh (A-7), which was further
delivered by Tripurari Singh (A-4) to Bhikhan
Ganju (A-8), a TPC naxal Leader. The statement of
witnesses and Bank account statements establishes
the transfer of fund to Ningkhan Sangtam (A-6)
through Banking channels as per the directions of
Mukesh Singh (A-5) and Santosh Singh (A-7). The
statement of Hawala operator Raj Patni has
established the transaction of money through
Hawala between Mukesh Singh (A-5) and
Ningkhan Sangtam (A-6). Statement of protected
witness establish that Ningkhan Sangtam (A-6) was
the main conspirator and Suraj (A-1) was his main
courier who had travelled to Patna and Chauparan
Patna High Court CR. APP (DB) No.882 of 2023 dt.29-03-2024
earlier for delivery of consignments of arms and
ammunition. Photo identification memos by
witnesses establish the identity of Ningkhan
Sangtam (A-6) and procurement of insurance on
forged documents and the fabrication of concealed
cavity in the vehicle of accused Ningkhan Sangtam
(A-6) which were used for earlier consignment."
14. We have also perused the copies of the bank account
statements which have been enclosed with the counter affidavit
and the account statement is disclosing deposits of huge amount
from time to time. At this stage, we are not entering into any
discussion on the merit of the case but from the materials present
on the record, we are not inclined to interfere with the impugned
judgment/order.
15. This appeal has no merit. It is dismissed accordingly.
16. The learned trial court shall expedite the trial and
shall ensure that the evidences are duly recorded as per the
scheduled slots and all endeavours be made to conclude the trial as
early as possible.
(Rajeev Ranjan Prasad, J)
( Jitendra Kumar, J)
lekhi/-
AFR/NAFR
CAV DATE
Uploading Date 29.03.2024
Transmission Date 29.03.2024
