2026:JHHC:14134 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.30 of 2025 ---- Sushil Choubey @ Sushil Kumar Choubey aged about 62 years, S/o Late Raghuvir Choubey, R/o Village Singhi Tali, P.O.-Chapri, P.S.-Bhawnathpur, District – Garhwa. …. …. Appellant Versus 1. The State of Jharkhand 2. Makhru Ram, S/o Late Suneshwar Ram, aged about 66 years, r/o Village Singhi Tali, P.O.-Chapri, P.S.-Bhawnathpur, District – Garhwa. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Abhay Kr. Chaturvedy, Adv. For the State : Mr. Bhola Nath Ojha, A.P.P. For the Resp. No.2 : Mr. Suraj Singh, Adv. ---- 11/Dated: 11th 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. The appeal has been filed against the impugned order dated 22.11.2024 passed by the learned Additional Sessions Judge-1-cum-Special Judge SC/ST Act, Garhwa in A.B.P. No.978 of 2024 in connection with Bhawnathpur P.S. Case No.150 of 2024, registered for the offence under Sections 115(2), 126(2), 309(4), 351(2), 352 & 3(5) of BNS Act and under Section 3(1)(r)/3(1)(s) of the SC/ST (PoA) Act. The case is presently pending in the court of the learned District and Sessions Judge-1, Garhwa. 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 cases where no prima facie offence under the Act is made out. 5. Referring to the FIR it has been submitted by the learned counsel for the appellant that the allegation is against Pankaj Kumar Choubey who is the son of this appellant and there is no allegation against the appellant. Further 2026:JHHC:14134 Page | 2 Criminal Appeal (S.J.) No.30 of 2025 he has been roped in this case only being the father of Pankaj Kumar Choubey and that cannot be crime. On the above basis, the prayer for anticipatory bail has been made. 6. On the other hand, learned counsel for the State and the Respondent No.2 have opposed the prayer for bail but could not point out any allegation against this appellant. 7. Considering the above facts, the appellant, above named, is directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned District and Sessions Judge-1, Garhwa in connection with Bhawnathpur P.S. Case No.150 of 2024 on the conditions as laid down under Section 482 B.N.S.S., 2023. Further, the appellant will submit self- attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court. 8. In the result, the instant appeal stands allowed and disposed of. (Rajesh Kumar, J.) Dated: 11th May, 2026 Amar/- Uploaded on 12.05.2026