2026:JHHC:25108 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.787 of 2026 ---- 1. Deepak Tiwari @ Anik Prasad Tiwari, aged abou 62 years, S/o Late Sureshwar Nath Tiwari. 2. Yash Anand Tiwari @ Yash Anand @ Sachin Tiwari, aged about 29 years, S/o Deepak Tiwari Both R/o Village Patariya, P.O. Semaura, P.S. Kandi, District Garhwa (Jharkhand) …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Satyendra Kumar Paswan, S/o Late Ramadhar Ram, R/o Village Patariya, P.O. Semaura, P.S. Kandi, District Garhwa, (Jharkhand). …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Tarun Kumar, A.P.P ---- 02/Dated: 20th August, 2026 1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Heard learned counsel for the appellants and learned counsel for the State. 3. No notice is required to be issued upon the victim as the order is already being passed. 4. 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. 5. The present appeal has been filed against the order dated 23.07.2026, whereby and whereunder, the prayer for anticipatory bail of the appellant has been rejected by the court of learned Additional District & Sessions Judge-1st- cum-Special Judge, SC/ST (POA) Act, Garhwa in A.B.P No.482 of 2026 in connection with Complaint Case No.24 of 2023 corresponding to SC/ST Case No.18 of 2026 for the offence under Sections 341, 323, 504 of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the 2026:JHHC:25108 2. Criminal Appeal (S.J) No.787 of 2026 Court of learned Additional District & Sessions Judge-1st-cum-Special Judge, SC/ST (POA) Act, Garhwa. 6. The prayer for anticipatory bail has been made against a private complaint. 7. It has been submitted that the charge-sheet has submitted and cognizance has taken and, thereafter, summon has also been issued against the accused for participating in the trial. 8. It is well settled law that once summon has been issued, the accused are supposed to participate in the trial and execute a proper bond. 9. In view of the judgment of Hon’ble Apex Court in the case of Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika Vrs. State of Jharkhand & Anr. reported in 2026 SCC Online SC 676, the present criminal appeal is hereby disposed of giving liberty to the appellant to participate in the trial. (Rajesh Kumar, J.) Dated: 20th August, 2026 Madhav/- Uploaded on:21/08/2026