2026:JHHC:16286 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.804 of 2024 ---- Chhedu Mahto, son of late Laxmi Mahto, aged about 62 years, resident of village – Punsiya, P.O.-Malhara, P.S.-Rikhiya, District – Deoghar, Jharkhand. …. …. Appellant Versus 1. The State of Jharkhand 2. Raj Kumar Mohli, aged about 60 years, son of late Kaleshwar Mohli, village – Punsiya, P.O.-Malhara, P.S.-Rikhiya, District – Deoghar, Jharkhand. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Raj Kishore Sahu, Adv. For the State : Mr. Pankaj Kumar, A.P.P. For the Respondent No.2 : Mr. Niranjan Kumar, Adv. ---- 12/Dated: 08th June, 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, learned counsel for the State and learned counsel for the victim. 3. The appeal has been filed against the impugned order dated 12.11.2024 in A.B.P. No.987 of 2024 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Deoghar in connection with Rikhiya P.S. Case No.45 of 2024, registered for the offence under Sections 341, 323, 325, 504, 506 and 379/34 of the Indian Penal Code and under Section 3(i)(r) & 3(1)(s) of the SC/ST (PoA) Act. The case is presently pending in the court of the learned Additional Sessions Judge-I-cum-Special Judge, Deoghar. 4. Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such embargo would not apply where no prima facie offence under the provisions of the Act is made out. 5. It has been submitted by the learned counsel for the appellant that there is dispute between the other parties and the victim is being misused for implicating this appellant to settle the dispute. Further, it has been submitted 2026:JHHC:16286 Page | 2 Criminal Appeal (S.J.) No.804 of 2024 that there no material to suggest that the alleged victim is the member of the SC/ST community. The appellant undertakes to participate in the trial. On the above basis, the prayer for anticipatory bail has been made. 6. On the other hand, learned counsels for the State and the victim have supported the allegation but could not point out any material. Learned APP has submitted that the community of the victim is not clear. 7. It is well settled that the provisions of the SC/ST (Prevention of Atrocities) Act are attracted only when the victim belongs to a Scheduled Caste or Scheduled Tribe community and the accused does not belong to the said community. In the absence of such foundational facts, the applicability of the provisions of the Act becomes doubtful. 8. Considering the above facts and nature of dispute, 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 Additional Sessions Judge-I-cum-Special Judge, Deoghar in connection with Rikhiya P.S. Case No.45 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. 9. In the result, the instant appeal stands allowed and disposed of. (Rajesh Kumar, J.) Dated: 08th June, 2026 Amar/- Uploaded on 09.06.2026