2026:JHHC:24249 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.280 of 2026 ---- Jagdish Mahato, aged about 58 years, son of Sonaram Mahato, Resident of Village-Nagrikall, P.S. Tetulmari, P.S. Sijua, District Dhanbad. …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Subal Kumar Das, aged about 33 years, S/o Sant Kumar Das, resident of Raja Bhitha, P.O. Kiska, P.S. Tundi and District Dhanbad. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Ms. Aprajita Bhardwaj, Advocate For the State : Mr. Pankaj Kumar, P.P. For the Respondent No.2 : Mr. Santosh Kumar Jha, Advocate ---- 05/Dated: 13th August, 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 learned counsel for the respondent No.2. 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 11.02.2026, whereby and whereunder, the prayer for anticipatory bail of the appellant has been rejected by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Dhanbad in A.B.P No.156 of 2026 in connection with Tetulmari P.S. Case No.62 of 2024, registered for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 303(2), 324(4) and 352 of the B.N.S., 2023 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned District & Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Dhanbad. 5. It has been submitted by the learned counsel for the appellant that the land in question is a public property, which is being used by the public at large and on being raised objection, this false and frivolous case has been lodged. It 2026:JHHC:24249 2. Criminal Appeal (S.J) No.280 of 2026 is nothing but misuse of the protective legislation of the SC/ST Act. On the above basis, prayer for anticipatory bail has been made. 6. Learned counsel for the respondent No.2/Victim has opposed the prayer for anticipatory bail and submitted that the name of the appellant reflects in Register-II. Further, he was just constructing boundary wall on his own land but not only his boundary wall has been demolished rather he has been assaulted in a public view and as such offence under the SC/ST Act has been made out. 7. Learned counsel for the respondent-State, on specific query, has submitted that as per the investigation, the land in question was used by public at large rather it is being used as a football ground and other public purposes also. It is not in physical possession of one and other person. 8. Having heard the learned counsel for the parties and after perusal of the records especially the report of the investigating officer, it appears that it is nothing but a land dispute rather the land is in the use of public at large. 9. 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 their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Dhanbad, in connection with Tetulmari P.S. Case No.62 of 2024, 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 conclusion of the case. 10. In the result, the present criminal appeal stands allowed and accordingly, disposed of. (Rajesh Kumar, J.) Dated: 13th August, 2026 Madhav/- Uploaded on:14/08/2026