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2026 DAILYLAW 6956 (JHR)

SANJAY KUMAR JHA v. THE STATE OF JHARKHAND

Cr.A(SJ)/658/2025 · 2026-04-22

Rajesh Kumar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:11849 1 Criminal Appeal (SJ) No. 658 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 658 of 2025 Sanjay Kumar Jha, aged about 24 years, son of Late Bijay Krishna Jha, Resident of Bandhpara, P.O.- Dumka, P.S.- Dumka (T), District- Dumka. …....... Appellant(s) Vrs. 1.The State of Jharkhand 2.Shravan Kumar, son of Late Tarni Das, resident of Bandhpara, behind Thakurbadi Mandir, P.O. and P.S. Dumka, District Dumka. ........ Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant(s) : Mr. R.S. Mazumdar, Sr. Advocate For the Respondent no.2 : Mr. D.C. Mishra, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P. 06/22.04.2026 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 Senior counsel for the appellant and learned counsel for the respondent no.2.-informant as well as learned counsel for the State. 3. The present appeal is directed against the order dated 26.04.2025 passed by the learned Special Judge (SC/ST), Dumka in A.B.P. No. 114 of 2025 arising out of Dumka (SC/ST) P.S. Case No. 01 of 2025 registered for the offence under Section 126(2),351(2) of the BNS,2023 and Sections 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 whereby and whereunder the prayer of the appellant for grant of anticipatory bail has been rejected. The case is presently pending before the court of learned Special Judge (SC/ST), Dumka. 4. It has been submitted by learned Senior Counsel for the appellant that both the parties are neighbours and residing peacefully. But due to neighbourhood dispute false and frivolous case has been lodged. The F.I.R does not disclose any person was present when the informant- victim has been abused. 5. On the other hand, learned counsel for the informant (respondent no.2) and the State have opposed the prayer for grant of anticipatory bail and submitted that the informant party have been abused and even the old mother has been abused and thus offence under section 3(1)(r) and 3(1)(s) of the SC/ST (POA) Act gets attracted. Learned counsel for the 2026:JHHC:11849 2 Criminal Appeal (SJ) No. 658 of 2025 State has submitted that there are some independent witnesses to the incident. 6. Considering the fact that both parties are neighbour and the area is having a mixed population and further the F.I.R does not disclose presence of any witness, I am inclined to grant anticipatory bail to the appellant. 7. Accordingly, the appellant, above named, is directed to surrender before the learned Trial Court within a period of four weeks from the date of receipt/production of copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- ( Rupees Ten Thousand only)with two sureties of the like amount each to the satisfaction of learned Special Judge(SC/ST), Dumka in connection with Dumka (SC/ST) P.S. Case No. 01 of 2025 on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant will submit self-attested photo copy of his Aadhaar Card and also submit his mobile number before the learned trial court which he will always keep active and will not change it during pendency of this case without prior permission of the Court. 8. In the result, the present appeal is allowed and accordingly disposed of. (Rajesh Kumar, J.) 22.04.2026 A. Mohanty Uploaded ____/____/2026