2026:JHHC:14157 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.1010 of 2025 ---- 1. Sateshwar Mahto, aged about 40 years, Son of Duti Mahto 2. Pinkey Devi @ Pinki Devi, aged about 33 years, wife of Sateshwar Mahto 3. Jaleshwar Mahto, aged about 45 years, son of Duti Mahto 4. Manju Devi, aged about 33 years, wife of Jaleshwar Mahto All are resident of Village Dahu, P.O. + P.S. Ormanjhi, District Ranchi Both are the resident of Village Murki, P.O. + P.S. Senha, District Lohardaga, Jharkhand …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Balsingh Oraon, aged about 40 years, son of Asmu Oraon, R/o Village Hesatu, P.O. + P.S. Ormanjhi, District Ranchi, Jharkhand …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Ajeet Kr. Singh, Adv. For the State : Mr. Prabir Kr. Chatterjee, A.P.P For the Respondent No.2 : Mr. Binod Kr. Singh, Adv. ---- 05/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 appellant and learned counsel for the State and learned counsel for the respondent No.2. 3. Pursuant to the order dated 28.04.2026, Mr. Amit Kumar, Investigating Officer of this case is present before this Court. 4. It is well settled that although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out. 5. The present appeal has been filed against the order dated 13.11.2025 passed by the learned Additional Judicial Commissioner-II-cum Special Judge SC/ST Act, Ranchi in A.B.P No.2562 of 2025 in connection with Ormanjhi P.S. Case No.109 of 2025, for the offence under Sections 191(2), 190, 126(2), 115(2), 117(2), 303(2), 329(3) of the BNS, 2023, and Section 3 (1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is pending in the court of learned Additional Judicial Commissioner-II-cum Special Judge SC/ST Act, Ranchi. 2026:JHHC:14157 2. Criminal Appeal (S.J) 1010 of 2025 6. It has been submitted by the learned counsel for the appellants that the appellants are in possession of the land and their possession has been disturbed, rather, the present case is false and frivolous case. The possession over the said piece of land has been obtained by the victim by playing fraud as the court’s order is an ex- parte order. 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. Thus, the prohibitory mandate of Section 18 of the SC/ST (PoA) Act gets attracted and as such, prayer for anticipatory bail is not maintainable. 8. From perusal of the records, it appears that the land in question has been handed over to the respondent No.2 through the process of the court. Thus, the possession has to be presumed in favour of the victim. 9. So far as the appellant No.1 namely, Sateshwar Mahto and the appellant No.3 namely, Jaleshwar Mahto are concerned, I am not inclined to grant the privilege of anticipatory bail to them. Accordingly, their prayer for bail is hereby, rejected. 10. Considering the fact that the appellant No.2 namely, Pinkey Devi @ Pinki Devi and the appellant No.4 namely, Manju Devi are ladies and there is no specific allegation against them, and as such, I am inclined to grant the privilege of anticipatory bail to the appellant Nos.2 & 4. Accordingly, the appellant Nos.2 & 4, named above, are directed to surrender in the court below 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 Judicial Commissioner-II-cum Special Judge SC/ST Act, Ranchi in connection with Ormanjhi P.S. Case No.109 of 2025, on the conditions as laid 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. 11. The personal appearance of the Investigating Officer is hereby, dispensed with. 12. In the result, the present criminal appeal stands disposed of. (Rajesh Kumar, J.) Dated: 12th May, 2026 Raja/- uploaded on 14.05.2026