Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:18093
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.729 of 2025 ---- Anish Kumar, aged about 25 years, son of Pramod Kumar, resident of Ambedkar Nagar, Tanki Side, Dhurwa, P.O.+P.S.- Dhurwa, Dist.-Ranchi.
…. …. Appellant Versus
1. The State of Jharkhand
2. Subham Raj, S/o – Karam Dayal Ram, R/o – Ambedkar Nagar, Kamla
Khatal, Dhurwa, P.O.+P.S.- Dhurwa, District – Ranchi.
…. …. Respondents ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Appellant
: Mr. Avishek Prasad, Adv.
For the State
: Mr. Shailesh Kr. Sinha, A.P.P.
For the Respondent No.2
: Mrs. Sharda Kumari, Amicus Curiae ----
06/Dated: 22nd 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 Amicus Curiae.
3. The appeal has been filed against the impugned order dated 13.06.2025 in A.B.P. No.743 of 2025 passed by the learned A.J.C.-II-cum-Special Judge SC/ST Act, Ranchi in connection with Dhurwa P.S. Case No.13 of 2025, registered for the offence under Sections 191(2), 191(3), 190, 109, 352, 351(2), 61(B) of the BNS and under Sections 3(1)(r) & 3(1)(s) 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.
Learned counsel appearing on behalf of the appellant has submitted that the background of the case has been duly explained. It has further been contended that, as per the allegations made in the First Information Report, an altercation and scuffle took place between the parties in the aftermath of a cricket match. Referring to the injury reports, learned counsel submits that none of the injuries sustained by the informant side is grievous or life-threatening in nature. According to the appellant, the occurrence arose out of a trivial dispute amongst young boys during the course of a
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Criminal Appeal (S.J.) No.729 of 2025
cricket game and, in the facts and circumstances of the case, the protective provision of SC/ST (PoA) Act has been misused. On the above basis, the prayer for anticipatory bail has been made.
6. Per contra, learned counsel for the State as well as the learned Amicus Curiae have opposed the prayer for anticipatory bail and submitted that there are specific and categorical allegations against the appellant attracting the offences alleged in the case.
7. Considering the genesis of the dispute and the nature of injury caused upon the victim, 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/- (Rupees Ten Thousand Only) 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 Dhurwa P.S. Case No.13 of 2025 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.
9. The assistance given by Mrs. Sharda Kumari, learned amicus curiae, is highly appreciable.
10. 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: 22nd June, 2026 Amar/- Uploaded on 25.06.2026