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2026 DAILYLAW 21649 (JHR)

AJAY KUMAR ALIAS AJAY KUMAR MAHATO v. THE STATE OF JHARKHAND

Cr.A(SJ)/287/2026 · 2026-07-23

Rajesh Kumar

Criminal Appealbody2026

Judgment text

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2026:JHHC:21823 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.287 of 2026 ---- Ajay Kumar @ Ajay Kumar Mahto, aged about 28 years, Son of Naresh Mahto, Resident of Village Sanrh, Bishrampur, P.O. & P.S. Barkagaon, District Hazaribagh …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Sunny Kumar, aged about 22 years, S/O Sri Dhaneshwar Ram, R/o Village Chopdar Baliya, P.O. + P.S. Barkagaon, District Hazaribag …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Lalan Kr. Singh, Adv. For the State : Mrs. Bandana Sinha, A.P.P For the Victim : Mr. Sanjay Kumar, Adv. ---- 05/Dated: 23rd 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 the learned counsel for the appellant, learned counsel for the State and the learned counsel for the respondent No.2/victim. 3. 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 07.11.2025 passed by the learned Additional Sessions Judge-VI, Hazaribagh in A.B.P. No.1952 of 2025 in connection with Barkagaon P.S. Case No.248 of 2023, registered for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 379 & 504 of the Indian Penal Code and Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of the appellant has been rejected. The case is presently pending in the Court of learned Special Judge, SC/ST Act, Hazaribagh. 5. It has been submitted by the learned counsel for the appellant that there was a dispute between the parties during the fair. There is no caste consideration in the dispute. On the above basis, prayer for anticipatory bail has been made. 2026:JHHC:21823 2. Criminal Appeal (S.J) No.287 of 2026 6. Learned counsel for the respondent No.2/victim has not opposed the prayer for anticipatory bail. 7. Considering the above fact, 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) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST Act, Hazaribagh in connection with Barkagaon P.S. Case No.248 of 2023, 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. (Rajesh Kumar, J.) Dated: 23rd July, 2026 Raja/- Uploaded