2026:JHHC:19602 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.167 of 2026 ---- 1. Girdhari Yadav aged about 91 years, son of Late Nanh Yadav, resident of village-Nagra, P.O. & P.S.-Balumath, District-Latehar; 2. Balkishun Yadav aged about 52 years, son of Jodhan Yadav, resident of village-Pindarkom, P.O.-Marnagoliya, P.S. & District- Latehar. …. …. Appellants Versus 1. The State of Jharkhand 2. Mohan Kumar Bhogta, son of Sukul Ganjhu, resident of village- Ichag, P.O.& P.S.-Herhanj, District-Latehar. …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Jitendra Shankar Singh, Sr. Adv. Ms. Sanskriti Shalini, Adv. For the State : Mr. Santosh Kr. Shukla, A.P.P. For the Victim : Mr. Manoj Kr. Choubey, Adv. ---- 05/Dated: 03rd July, 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 senior counsel for the appellants, learned counsel for the State and learned counsel for the victim. 3. The appeal has been filed against the impugned order dated 30.01.2026 in A.B.P. No.560 of 2025 passed by the learned Additional Sessions Judge-I, Latehar in connection with Balumath P.S. Case No.137 of 2025, registered for the offence under Sections 115(2), 132 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 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 Additional Sessions Judge-I, Latehar. 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. 2026:JHHC:19602 Page | 2 Criminal Appeal (S.J.) No.167 of 2026 5. It has been submitted by the learned senior counsel for the appellants that the dispute is between an individual and a security guard. The reason for dispute is not the caste. Further, the alleged word used has also not been disclosed which is a necessary ingredient to rope someone under the SC/ST (PoA) Act. On the above basis, the prayer for anticipatory bail has been made. 6. On the other hand, learned counsel for the State and the victim have opposed the prayer for bail and it has been submitted that the victim has been abused and assaulted and there are witnesses to that act and as such offence under the SC/ST (PoA) Act is made out. 7. Having heard the learned counsel for the parties and from perusal of the records, it appears that there is simple scuffle taken place between the individual and the security guard. The reason for scuffle is not the caste. 8. Considering the above facts, 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 Additional Sessions Judge-I, Latehar in connection with Balumath P.S. Case No.137 of 2025 on the conditions as laid down under Section 482 B.N.S.S., 2023. Further, the appellants will submit self-attested photocopies 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. (Rajesh Kumar, J.) Dated: 03rd July, 2026 Amar/- Uploaded on 07.07.2026