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2026 DAILYLAW 7385 (JHR)

SURESH PRASAD YADAV v. THE STATE OF JHARKHAND

Cr.A(SJ)/1013/2025 · 2026-04-28

Rajesh Kumar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:12384 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.1013 of 2025 .... Suresh Prasad Yadav, aged about 63 years, Son of Late Ram Lochan Yadav, Resident of Village Chainpur, P.O. Birbal P.S. Dhurki, District-Garhwa .… Appellant Versus 1. The State of Jharkhand 2. Vishundhari Bhuyian, aged about 50 years, Son of Late Lakhan Bhuyian, Resident of Village Chainpur, P.O. Birbal P.S. Dhurki, District-Garhwa .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Rishi Pallav, Adv. : Mr. Divyansh Krishna, Adv. For the State : Mr. Ajay Kr. Pathak, A.P.P. For the Resp. No.2 : Mr. Gopal K. Sinha, Adv. .... 04/28.04.2026 1. The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2. Heard learned counsel for the appellants and learned APP as well as learned counsel for the respondent No.2. 3. The present appeal is directed against the order dated 31.10.2025 passed by the learned Addl. Sessions Judge-I, Nagar Untari, in A.B.P. No.381 of 2025 in connection with Complaint Case No.88 of 2020, for the offence under Sections 323/ 504/ 506 of IPC and Sections 3(1)(r) & 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 Addl. Sessions Judge-I, Nagar Untari, Garhwa. 4. The appellant has approached this Court for grant of anticipatory bail although the same is barred under Section 18 of the SC/ST Act but there is land dispute between the parties and as such the prayer made in the present appeal is maintainable. 5. It has been submitted by the learned counsel for the appellant that it is simpliciter a land dispute between the parties and civil suit has also been filed by the complainant being O.S. No.112 of 2021 which is still pending. It has been further submitted that referring to the Annexure-4 i.e. Misc. Case No.1/2020 it has been found that this appellant is in possession of the said land. 2026:JHHC:12384 2 Cr Appeal (S.J.) No.1013 of 2025 6. In such view of the matter, the acceptance of the complaint petition itself is nothing but misuse of the process of the Court and at least he is entitled for anticipatory bail. 7. Learned counsel for the victim has opposed the prayer and submitted that there is a specific allegation of assault and he has also claim possession over the said piece of land. 8. Having heard learned counsel for the parties and from perusal of record, it appears that there is serious land dispute between the parties. 9. In that view of the matter, 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 bonds of Rs.10,000/- ( Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I, Nagar Untari, Garhwa in connection with Complaint Case No.88 of 2020 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. 10. Accordingly, instant criminal appeal is allowed and disposed of. (Rajesh Kumar, J.) 28.04.2026 Shahid/ Uploaded on 29.04.2026