2026:JHHC:26179 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.170 of 2026 ---- 1. Asapi Ray, aged about 42 years, S/o Late Nakul Ray 2. Soni Devi, aged about 42 years, W/o Asapi Ray Both R/o Village Kusumbha, P.O. Maheshmunda, P.S. Gandey, District Giridih …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Tuniya Devi, W/o-Papu Turi, Village Kusumbha, P.O. Maheshmunda, P.S. Gandey, District Giridih …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Mritunjay Choudhary, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P For the Respondent No.2 : Ms. Sushmita Kumari, Amicus Curiae ---- 07/Dated: 31st 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, learned counsel for the State and learned Amicus 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 12.12.2025, whereby and whereunder, the prayer for anticipatory bail of the appellants has been rejected by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Giridih passed in A.B.P. No.2091 of 2025 in connection with Gandey P.S. Case No.03 of 2024, registered for the offences under Sections 341, 323, 354 (B), 379, 504, 34 of the Indian Penal Code and Sections 3(1)(r)(s)(w)(I) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Giridih. 5. It has been submitted by the learned counsel for the appellants that the caste certificate is not available and as such the offence under SC/ST Act has not made out. Further, the FIR itself suggests that there was a transaction of money and during recovery some scuffle has taken place. Thus, it is nothing but 2026:JHHC:26179 2. Criminal Appeal (S.J) No.170 of 2026 misuse of the protective provision of the SC/ST Act. 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 and submitted that the allegation itself suggests atrocities on a member of protective community and thus Section 18 of the Act gets attracted. 7. Having heard the learned counsel for the parties and after perusal of the records, it appears that the caste certificate was not available and further there was a commercial transaction between the parties. 8. Considering the above facts, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are 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 their arrest or surrender, they shall be enlarged on anticipatory bail, on furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Giridih, in connection with Gandey P.S. Case No.03 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. 9. In the result, the present criminal appeal stands allowed and accordingly, disposed of. 10. Services rendered by Ms. Sushmita Kumari, learned Amicus Curiae, is highly appreciable. 11. The Member Secretary, Jharkhand State Legal Services Authority, Ranchi shall pay the remuneration, as admissible, to the learned Amicus, on submission of bill(s). (Rajesh Kumar, J.) Dated: 31st August, 2026 Madhav/- Uploaded on:01/09/2026