2026:JHHC:20264 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.13 of 2026 ---- 1. Kulo Yadav @ Kuleshwar Yadav @ Kuleshwar Gope, aged about 59 years, son of late Puran Yadav 2. Prakash Kumar Yadav @ Prakash Yadav, aged about 32 years, son of Kulo Yadav Both resident of Village Birney, P.O. Birney, P.S. Gawan, District Giridih …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Ashok Paswan, aged about 40 years, son of Late Mathura Paswan, Resident of Village Birne, P.O. & P.S. Gawan, District Giridih, Jharkhand …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Rakesh Kumar, Adv. For the State : Mr. Saket Kumar, A.P.P For the Respondent No.2 : Mr. Kamdeo Pandey, Adv. ---- 07/Dated: 09th 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 counsel for the appellants, learned counsel for the State and the learned counsel for the respondent No.2/victim. 3. 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 case where no prima facie offence under the Act is made out. 4. Pursuant to the order dated 02.07.2026, Mr. Prawesh Choudhary, Investigating Officer of this case is present before this Court. 5. The present appeal has been filed against the order dated 24.09.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (PoA) Act, Giridih in A.B.P No.1178 of 2025 in connection with SC/ST (PoA) P. S Case No.40 of 2024, registered for the offences under Sections 352, 303(2), 351(2) of the BNS, 2023 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Special Judge, SC/ST (PoA) Giridih. 2026:JHHC:20264 2. Criminal Appeal (S.J) No.13 of 2026 6. It has been submitted by the learned counsel for the appellants that there is a simple scuffle between. It has further been submitted that the incident is dated 08.07.2024 and the caste certificate has been obtained on 16.07.2024 and thereafter, the present case has been lodged on 05.10.2024. It is a planned case and the protective legislation has been misused. On the above basis, prayer for anticipatory bail has been made. 7. Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail but could not dispute the above factual matrix. 8. From perusal of the arguments of the above facts, it appears that the victim has lodged this case in a planned manner and it is a clear-cut case where the protective legislation has prima facie been misused by the victim. 9. Considering the above facts, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST (PoA), Giridih, in connection with SC/ST (PoA) P.S Case No.40 of 2024, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case. 10. In the result, the present criminal appeal stands allowed and accordingly, disposed of. 11. The personal appearance of the investigating officer is hereby, dispensed with. (Rajesh Kumar, J.) Dated: 09th July, 2026 Raja/- Uploaded on 13.07.2026