Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:9555
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.546 of 2025 ----
1. Surendra Tiwari, aged about 75 years, S/o Late Ramprit Tiwari
2. Sashikant Tiwari, aged about 45 years, S/o Surendra Tiwari
3. Pankaj Tiwari, aged about 41 years, S/o Surendra Tiwari, All are R/o Village-Maribhang Izara, P.O & P.S. Lesliganj, District Palamau, Jharkhand
…. …. Appellant(s) -Versus-
1. The State of Jharkhand
2. XXX
…. …. Respondent(s) ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Appellant
: Mr. Sheo Kr. Singh, Adv.
For the State
: Mr. Saket Kumar, A.P.P
For the Informant
: Mr. Manoj Kumar, Adv.
----
06/Dated: 06th April, 2026
1. Heard the parties.
2. The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
3. The present appeal has been filed against the order dated 05.04.2025 passed by the learned Special Judge SC/ST (PoA) Act, Palamau, in MCA No.631 of 2025, arising out of SC/ST Case No.81 of 2024, for the offence under Sections 323, 341, 354(B) of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants have been rejected.
4. It appears that the F.I.R being SC/ST P.S. Case No.12 of 2022 has been lodged, in which, police has submitted the final form. Accordingly, cognizance has been taken for the offence under Sections 341, 323, 354(B) of the IPC and Section 3 (1) (r) (s) of the SC/ST ( PoA) Act against the appellants.
5.
Learned counsel for the appellants has submitted that admittedly there is a civil dispute between the parties over the land for agricultural purpose and that property dispute has wrongly been elevated to the SC/ST (PoA) Act. It is nothing but misuse of the beneficiary legislation. On the above basis, the prayer for bail has been made.
2026:JHHC:9557 Page No.2 Criminal Appeal (S.J) No.546 of 2025
6. Learned counsels for the State and the informant have opposed the prayer for bail and it has been submitted that the victim was abused in public view.
7. Considering the nature of the dispute, I am inclined to grant the privilege of anticipatory bail to the appellant. 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 their 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 (PoA) Act, Palamau in connection with of SC/ST Case No.81 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.
8. In the result, the present criminal appeal stands allowed and accordingly,
disposed of.
(Rajesh Kumar, J.) Dated: 06th April, 2026 Raja/- Uploaded on 07.04.2026