2026:JHHC:14381 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.948 of 2025 ---- 1. Dinesh Rana @ Biru Rana, aged about 37 years, Son of Ram Swarup Rana @ Parus Rana 2. Rasik Kumar Singh @ Munna Singh, aged about 47 years, Son of Kishun Singh @ Kishun Dev Singh 3. Pintu Pandey @ Dayanand Kumar Sharma, aged about 40 years, Son of Triveni Pandey 4. Ganesh Dangi, aged about 45 years, Son of Ram Chandra Dangi @ Bandhan Mahto 5. Tinku @ Dinesh Vishwakarma, aged about 46 years, Son of Narayan Vishwakarma @ Narayan Lohar 6. Prameshwar Prayag Dangi @ Prameshwar Dangi, aged about 60 years, Son of Prayag Dangi @ Prayag Mahto 7. Jagarnath Dangi @ Ram Nath Dangi, aged about 36 years, Son of Peman Dangi 8. Rahul Kumar Dangi, aged about 29 years, Son of Meghan Mahto, All are resident of Village Bara Patharia, P.O. Karui, P.S. Itkhori, District Chatra …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Prem Bhuiyan, aged about 26 years, Son of Devi Bhuiyan, Resident of Village Pathriya, P.O. & P.S. Itkhori, District Chatra …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. A.K. Chaturvedy, Adv. For the State : Mrs. Bandana Sinha , A.P.P For the Respondent No.2 : Mr. Binod Kr. Dubey, Adv. ---- 10/Dated: 12th May, 2026 1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Heard learned counsel for the appellants and learned counsel for the State and learned counsel for the respondent No.2. 3. Pursuant to the order dated 28.04.2026, Mr. A.K. Singh, Investigating Officer of this case is present before this Court. 4. Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, but such bar would not apply in case where no prima facie offence under the Act is made out. 2026:JHHC:14381 2. Criminal Appeal (S.J) No.948 of 2025 5. The present appeal has been filed against the order dated 01.07.2025 passed by the learned Additional Sessions Judge-I, Chatra in A.B.P No.754 of 2025 in connection with Itkhori P.S. Case No.104 of 2024, for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 74, 329(3), 352, 351(2) & (3) of the BNS, 2023 and Section 3 (1)(s) (g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is pending in the court of learned Additional Sessions Judge-I, Chatra. 6. It has been submitted by the learned counsel for the appellants that the land in dispute is a public land as per the Government Instruction and trenching work is underway. There was an order of demarcation by the competent authority i.e., Circle Officer, Itkhori. Further, it has been submitted that the victim had opposed the demarcation and he had claimed title over the said piece of land and accordingly, the present case has been lodged. On that basis, prayer for anticipatory bail has been made. 7. Learned counsel for the State and learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail submitting that settlement has been done in his favour and there is long jamabandi and rent receipt is also being issued. It has further been submitted by the respondent No.2 that the investigation is faulty and has been misguided. 8. From the investigation, it appears that land in question is a waste piece of land and is not in the possession of any person. As per investigation, the said land is being used by the public at large either for purpose, such as playing football, conducting Ramnavmi Pooja etc. Thus, as per the investigation, the said land is not in the physical possession of the victim. 9. Having heard the learned counsel for the parties and from perusal of the records, it appears that the allegation is there, but the investigation suggests that the land is being used for public purposes and is not in possession of any individual, and as such, I am inclined to grant the privilege of anticipatory bail to the appellants. Accordingly, the appellants, named above, are directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Chatra in connection with Itkhori P.S. Case No.104 of 2024, on the conditions as laid 2026:JHHC:14381 3. Criminal Appeal (S.J) No.948 of 2025 down under Section 482 of the B.N.S.S., 2023. Further, the appellants will submit self-attested photocopy of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case. 10. The personal appearance of the Investigating Officer is hereby, dispensed with. 11. In the result, the present criminal appeal stands allowed and accordingly, disposed of. (Rajesh Kumar, J.) Dated: 12th May, 2026 Raja/- Uploaded on 14.05.2026