Neutral Citation No. ( 2026:JHHC:1735 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 668 of 2025 ---------- 1.Nand Kishore Singh @ Nanda 2.Akash Singh @ Akash Kumar Singh 3.Badal Singh ..… Appellants Versus 1.The State of Jharkhand 2.Pitar Das ….. Respondents ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellants : Mr. S.K. Murty, Advocate For the State : Mrs. Kumari Rashmi, A.P.P. For the Informant : Mr. Sudhir Kumar Roy, Advocate ---------- Oral Order in Court 07/05.01.2026 This Criminal Appeal has been filed on behalf of the appellants, namely Nand Kishore Singh @ Nanda, Akash Singh @ Akash Kumar Singh and Badal Singh under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, who are apprehending their arrest in connection with Giridih in connection with Giridih (SC/ST) P.S. Case No.06 of 2020, instituted for the offences under Sections 379/323/34 of I.P.C. and Section 3 (r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (To be referred to hereinafter as S.C./S.T. Act), which is presently pending in the Court of learned Special Judge, S.C./S.T. Act, Giridih. 2. As per F.I.R., arising out of Complaint Case No.65 of 2019, the Appellant No.1 is alleged to have hit the Informant by Motor Cycle due to which Informant fell down and on protest, Appellant No.1, namely Nand Kishore Singh @ Nanda started assaulting him and abused him in the name of his caste and when the Informant protested, then the Appellant No. 1 informed the accused No. 2 to 7, including Appellant No. 2 and 3, Neutral Citation No. ( 2026:JHHC:1735 ) 2 and all of them had assaulted the Informant with fists and slaps and the Appellant No.1 is alleged to have torn the shirt of the Informant and abused him in the name of his caste. 3. Heard Mr. S.K. Murty, learned counsel for the appellants, Mrs. Kumari Rashmi, learned A.P.P. and Mr. Sudhir Kumar Roy, learned counsel for the Informant. 4. It is submitted that the appellants are innocent and have committed no offence. It is submitted that the allegations against the appellants are false and concocted and they have been falsely implicated by the Informant. . It is submitted that there is a delay of Eight (08) days in filing the Complaint Case as the offence has taken place on 12.12.2024 and the complaint case was filed on 20.12.2024. Even the Complainant has failed to produce the Injury Report and there is no prior intention to commit such assault. It is submitted that the offence has not taken place in public view and none of the witnesses, except the complainant, have stated that the appellants abused the Informant in the name of his caste. It is submitted that the police has submitted Final Form in favour of the appellants, however, the Court below has taken cognizance against the appellant under the provisions of Sections 379/323/34 of I.P.C. and Section 3 (r)(s) of S.C./S.T. Act. 5. On the other hand, learned A.P.P. has opposed the prayer for anticipatory bail. It is submitted that the appellants are named in the F.I.R. for assaulting and abusing the Complainant in the name of his caste. It is submitted that all the appellants, including Appellant No.1, have assaulted the Complainant and pushed him Neutral Citation No. ( 2026:JHHC:1735 ) 3 and the Appellant No.1 had hit him by the Motor Cycle due to which he fell down and hence, the prayer for anticipatory bail of the appellants may be rejected. 6. Learned counsel for the Informant, after adopting the submissions of the learned A.P.P., has further submitted that the appellants are named in the F.I.R. It is submitted that several witnesses, namely Jatin Kumar Das, Sonu Kumar Das, Bablu Das, Shekhar Kumar Das, Shankar Kumar Das, whose statements are recorded in Para 10, 11, 12, 13 and 14 of the Case Diary, have supported the allegations against the appellants. It is submitted that the offence has taken place in public view. It is submitted that the learned Court below has taken cognizance against the appellant under Sections 379/ 323/504/34 of the I.P.C. and Section 3 (r)(s) of the S.C./S.T. Act. It is submitted that the Informant has gone before the Officer-in-Charge in Nagar Police Station, Giridih and had submitted an application but the Officer- in-Charge did not lodge the F.I.R. and the photocopy of his application dated 12.12.2019, is enclosed as Annexure-A to the counter affidavit filed by the Informant- Respondent No.2 and hence, prayer for anticipatory bail may be rejected 7. Perused the F.I.R. arising out of Complaint Petition No. 65 of 2019, the Case Diary and the Lower Court Record of this case. 8. It appears that the occurrence took place on 12.12.2024, but the Complaint Case was filed on 20.12.2024 and for which no explanation has been given by the Informant-Respondent No.2. Neutral Citation No. ( 2026:JHHC:1735 ) 4 9. It appears that the Informant is said to have been treated at the Hospital, but no injury report or medical report has been filed with respect to the said injury or treatment. 10. It further appears that the Police has submitted final form by showing lack of evidence in favour of appellants, however, the learned Special Judge, S.C./S.T. Act, vide order dated 02.09.2021 has taken cognizance against the appellants under Sections 341, 323, 504/34 of the I.P.C. and Section 3 ®(s) of the S.C./S.T. Act, however, the learned Special Judge, S.C./S.T. Act, has dropped the case against the remaining persons, namely Vishal Singh, Arbind Singh, Tinku Singh and Suresh Singh, who were also named in the F.I.R. 11. Although, this Court is not required to go through the Case Diary as police has already submitted Final Form with respect to the appellants, however, even from going through the Case Diary, it appears that the witnesses, namely Jatin Kr. Das, Sonu Kr. Das, Bablu Das, Shekhar Kr. Das, Shankar Kr. Das and Shankar Kr. Das, whose statements were recorded at Para 10, 11, 12, 13 and Para 14 respectively of the Case Diary, have not supported the allegation of abusing the Informant in the name of his caste. 12. It also appears that the witnesses, namely Bajrangi Ram and Surendra Singh, whose statements have been recorded at Para 40 and 40 of the Case Diary, have also not supported the offence and they have merely stated that there was altercation due to knocking of the Informant by the Appellant No.1, but there was no verbal abuse in the name of the caste of the Informant and even Neutral Citation No. ( 2026:JHHC:1735 ) 5 it is stated that Vishal Singh, Arvind Singh, Tinku Singh and Suresh Singh were not present at the place of occurrence. 13. It appears that the learned Special Judge, S.C./S.T. Act has taken cognizance against the appellants by differing with the police report submitted by the police in favour of the appellants. 14. Considering the fact mentioned above and also considering the fact that there was delay of Eight (08) days in lodging the Complaint Case and non-filing of the Injury Report, the appellants, namely Nand Kishore Singh @ Nanda, Akash Singh @ Akash Kumar Singh and Badal Singh are directed to surrender before the learned Court below within Six (06) weeks from today and in the event of their arrest or surrender, the appellants shall be released on bail, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each in connection with Giridih (SC/ST) P.S. Case No.06 of 2020, to the satisfaction of the Court of learned Special Judge, S.C./S.T., Giridih and also subject to the provisions of Section 482 (2) of B.N.S.S. 15. Accordingly, order dated 17.06.2006, passed in A.B.P. No. 900 of 2025, by the learned Addl. Sessions Judge-I-cum-Special Judge SC/ST (POA), Giridih is set aside. 16. Thus, Criminal Appeal (S.J.) No. 668 of 2025 is allowed. (Sanjay Prasad, J.) s.m. Dated 05.01.2026