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2026 DAILYLAW 16348 (JHR)

PARAMJEET SINGH CHANA v. THE STATE OF JHARKHAND

Cr.A(SJ)/851/2025 · 2026-06-10

Rajesh Kumar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:16754 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.851 of 2025 ---- 1. Paramjeet Singh Chana, aged about 65 years, Son of Jasbir Singh Chana 2. Harpal Singh Chana, aged about 35 years, son of Paramjit Singh Chana, both residents of 100E, ICON Heights, Sahu Toil, Pragati Path, Bahu Bazar, P.O.+P.S.- Chutia, District – Ranchi. …. …. Appellants Versus 1. The State of Jharkhand 2. Sachin Kachhap, son of Late Sunil Kachhap, aged about 40 years, resident of near Bahu Bazar, Ranchi Ward No.14, P.O.+P.S.- Chutia, District – Ranchi. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Nilesh Kumar, Adv. For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. For the Respondent No.2 : Mrs. Omiya Anusha, Amicus Curiae ---- 07/Dated: 10th 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 appellants, learned counsel for the State and learned Amicus Curiae. 3. The appeal has been filed against the impugned order dated 30.08.2025 in A.B.P. No.1694 of 2025 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi in connection with SC/ST P.S. Case No.87 of 2023, registered for the offence under Sections 341, 323, 379, 405, 406, 504, 506 & 34 of the Indian Penal Code and under Sections 3(1)(r)(s)(f)(g) of the SC/ST (PoA) Act. The case is presently pending in the court of the learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi. 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 appellants that the relationship between the parties is the land lord and the tenant, and there is also civil litigation pending between the parties. The alleged scuffle arose out of the underlying property dispute, during which abusive language was purportedly had been used which had been denied by some of the independent witnesses. Thus, it is merely a civil dispute and for suppressing the civil case the present criminal case has been 2026:JHHC:16754 Page | 2 Criminal Appeal (S.J.) No.851 of 2025 lodged to achieve the civil object. On the above basis, the prayer for anticipatory bail has been made. 6. On the other hand, learned counsel for the State and learned Amicus Curiae have opposed the prayer for anticipatory bai. It has been submitted that there is clear cut case where the abusive language in the public view has been used and as such Section 18 of the SC/ST (PoA) Act gets attracted. 7. Having heard the learned counsel for the respective parties and having perused the case diary, it appears that there is a dispute between the land lord and the tenant due to which alleged scuffle has taken place. Some of the witnesses have stated regarding the abusive language but it has been denied by other witnesses also. 8. Since it is primarily a property dispute between the parties and a civil dispute is also pending, the appellants, above named, are 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 their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi in connection with SC/ST P.S. Case No.87 of 2023 on the conditions as laid down under Section 482 B.N.S.S., 2023. Further, the appellants will submit self- attested photocopy of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they 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. 10. The assistance given by Mrs. Omiya Anusha, learned amicus curiae, is highly appreciable. 11. Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible. (Rajesh Kumar, J.) Dated: 10th June, 2026 Amar/- Uploaded on 12.06.2026