2026:JHHC:21375 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.39 of 2026 ---- 1. Asfak Ansari @ Asfaq Ansari aged about 46 Years, S/o Akhtar Ansari, Resident of Village – Sisai, Basti, P.O.+P.S.- Sisai, District – Gumla (Jharkhand) 2. Ekhlash Ansari aged about 20 years, s/o Asfaque Ansari, Resident of Village – Sisai, Basti, P.O.+P.S.- Sisai, District – Gumla (Jharkhand) 3. Anjar Ahmed aged about 36 years, s/o Akhtar Ansari, Resident of Village – Sisai, Basti, P.O.+P.S.- Sisai, District – Gumla (Jharkhand) …. …. Appellants Versus 1. The State of Jharkhand 2. Tijwa Oraon @ Jitua Oraon, S/o Birsa Oraon Resident of Village – Khiduwa Toli, Sisai, P.O.+P.S.- Sisai, District – Gumla (Jharkhand) …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. K.S. Nanda, Adv. For the State : Mr. Santosh Kr. Shukla, A.P.P. For the Respondent No.2 : Ms. Kumari Pushpa Rani, Amicus Curiae ---- 08/Dated: 20th 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 learned amicus curiae appearing for the Respondent No.2. 3. The appeal has been filed for grant of anticipatory bail in spite of Section 18 of the SC/ST (PoA) Act, by challenging the impugned order dated 16.12.2025 passed by the Additional Sessions Judge-I-cum-Special Judge, Gumla in A.B.P. No.493 of 2025 arising out of Sisai P.S. Case No.127 of 2025, registered for the offence under Sections 190, 126(2), 127(2), 115(2) and 352/3(5) of B.N.S., 2023 and under Section 3(1)(r)(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, Gumla. 2026:JHHC:21375 Page | 2 Criminal Appeal (S.J.) No.39 of 2026 4. It has been submitted by the learned counsel for the appellants that no offence under SC/ST (PoA) Act is made out it is a land related dispute and there is no public view. On the above basis, the prayer for anticipatory bail has been made. 5. On the other hand, learned counsel for the State and learned Amicus Curiae have opposed the prayer for bail and it has been submitted that the allegation clearly suggests that the offence is made out under the SC/ST (PoA) Act. Further, not only the land has been forcefully used but also the victim has been assaulted and abused. 6. Having heard the learned counsel for the parties and from perusal of the accusation, it appears that the SC/ST (PoA) Act is made out and as such Section-18 of the SC/ST (PoA) Act gets attracted. 7. In that view of the matter, I am not inclined to enlarge the appellants on bail. Accordingly, the present criminal appal stands rejected. 8. The assistance given by Ms. Kumari Pushpa Rani, learned amicus curiae, is highly appreciable. 9. 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: 20th July, 2026 Amar/- Uploaded on 22.07.2026