(2026:JHHC:9167) 1 Cr Appeal (SJ) No.272 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 272 of 2026 Mustafijur Rahman, aged 30 years, s/o Hayat Sheikh, r/o Sirasin, P.O.- Sirasin, P.S.-Barharwa, Dist.-Sahibganj .... Appellant Versus 1. The State of Jharkhand 2. Kalpana Paharin, w/o Chhota Bisu Pahariya, aged about 43 years, r/o Village-Kaswa, Sirasin, P.O.-Ganeshpur, P.S.-Barharwa, Dist.- Sahibganj …. Respondents P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Appellant : Mr. Shwetang Kr. Tiwari, Advocate : Mr. Pankaj Kr. Dubey, Advocate For the State : Mr. Santosh Kr. Shukla, Addl. P.P. For Respondent No.2 : Mr. Sanjay Kr. Pandey, Advocate ….. By the Court:- 1. Heard the parties. 2. This criminal appeal has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with the prayer to set aside the order dated 26.02.2026 passed by the learned I/c Special Judge, SC/ST Act, Sahibganj in M.C.A. No. 102 of 2026 arising out of Barharwa P.S. Case No. 79 of 2025 whereby and whereunder, the learned I/c Special Judge, SC/ST Act, Sahibganj has rejected the prayer for regular bail of the appellant. 3. The allegation against the appellant is that the appellant was member of unlawful assembly and being armed with deadly (2026:JHHC:9167) 2 Cr Appeal (SJ) No.272 of 2026 weapons indulged in rioting and attempted to murder the members of the informant party while they were celebrating holi by dancing on the music. 4. It is submitted by the learned counsel for the appellant that the appellant is not named in the FIR and the main allegation is against the named accused person of the case. It is jointly submitted by the learned counsel for the appellant and the learned counsel for the respondent no.2-informant of this appeal that the learned I/c Special Judge, SC/ST Act, Sahibganj has failed to consider that the matter has been amicably settled between the informant and the appellant outside the court and good feeling has been restored amongst themselves. It is further submitted by the learned counsel for the appellant that the appellant has been in custody since 03.02.2026. It is then submitted by the learned counsel for the appellant that the appellant undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant, member of the informant community or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the prayer as made in this criminal appeal be allowed. 5. The learned Addl. P.P. on the other hand vehemently opposes the prayer but the learned counsel for the respondent no.2 submits that he respondent no.2 has no objection if the appellant is granted bail in view of the compromise between the parties. (2026:JHHC:9167) 3 Cr Appeal (SJ) No.272 of 2026 6. Considering the facts of the case as well as the fact that compromise has been entered into between the parties as also the period of custody undergone by the appellant, this Court is of the considered view that this is a fit case where the appellant ought to have been released on bail, therefore, the impugned order dated 26.02.2026 passed by the learned I/c Special Judge, SC/ST Act, Sahibganj in M.C.A. No. 102 of 2026 arising out of Barharwa P.S. Case No. 79 of 2025 is not sustainable in law. 7. 7. Accordingly, the impugned order dated 26.02.2026 passed by the learned I/c Special Judge, SC/ST Act, Sahibganj in M.C.A. No. 102 of 2026 arising out of Barharwa P.S. Case No. 79 of 2025 is quashed and set aside and the appellant is directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand), with two sureties of the like amount each to the satisfaction of learned I/c Special Judge, SC/ST Act, Sahibganj in M.C.A. No. 102 of 2026 arising out of Barharwa P.S. Case No. 79 of 2025 with the condition that the appellant will cooperate with the trial of this case and will not annoy or disturb the informant, members of the informant community or the witnesses of the case in any manner during the trial of the case. 8. In the result, this criminal appeal is allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 1st April, 2026 AFR/Gunjan/- Uploaded on 02/04/2026