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2026 DAILYLAW 20917 (JHR)

MUNINDRA PRAKASH v. THE STATE OF JHARKHAND

Cr.A(SJ)/236/2026 · 2026-07-21

Rajesh Kumar

Criminal Appealbody2026

Judgment text

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2026:JHHC:21479 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.236 of 2026 ---- Munindra Prakash, aged 38 years, Son of Kamlakant Das, Resident of Mansarover Enclave, Kathal More, P.O. Lalgutuwa, P.S. Nagri, District Ranchi (Jharkhand) …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Ghode Oraon, Son of Late Chot Gandura Oraon, Resident of Village Chama, P.O. & P.S. Kanke, District Ranchi …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Ms. Rajshree Sinha, Adv. Mr. Samrat Sinha, Adv. For the State : Mr. Shiv Shankar Kumar, A.P.P For the Respondent No.2 : Mr. Om Prakash Sharma, Adv. ---- 04/Dated: 21st 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 appellant, learned counsel for the State and the learned Amicus Curiae 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. The present appeal has been filed against the order dated 17.01.2026 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi in A.B.P No.2358 of 2025 by which prayer for grant of anticipatory bail of the appellant was rejected in connection with Kanke P.S. Case No.86 of 2025, registered for the offence under Sections 126(2), 115(2), 329(3), 338, 336(3), 340(2), 318(4), 3(5), 352, 351(2)(3)& 61(2) of the B.N.S, 2023 and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned A.J.C.-II- cum-Special Judge, SC/ST Act, Ranchi. 5. It has been submitted by the learned counsel for the appellant that there is a land dispute between the parties. It has further been submitted that the appellant and the victim both are members of Scheduled Caste and Scheduled 2026:JHHC:21479 2. Criminal Appeal (S.J) No.236 of 2026 Tribe communities and as such, the provision of SC/ST (PoA) Act cannot be invoked. On the above basis, prayer for anticipatory bail has been made. 6. Learned counsel for the State and the learned Amicus for the respondent No.2 have opposed the prayer for anticipatory bail but could not dispute the aforesaid factual matrix. 7. Considering the above facts, I am inclined to grant anticipatory bail to the appellant. Accordingly, the appellant, named above, is 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 his arrest or surrender, he shall be enlarged on anticipatory bail, on his furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) 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 Kanke P.S. Case No.86 of 2025, 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 the conclusion of the case. 8. In the result, the present criminal appeal stands allowed and accordingly, disposed of. 9. The assistance given by Mr. Om Prakash Sharma, 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: 21st July, 2026 Raja/- Uploaded