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2026 DAILYLAW 7851 (JHR)

PASUPATI NATH PANDEY v. THE STATE OF JHARKHAND

Cr.A(SJ)/131/2026 · 2026-05-01

Rajesh Kumar

Criminal Appealbody2026

Judgment text

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2026:JHHC:12904 1 Criminal Appeal (SJ) No. 131 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 131 of 2026 1.Pasupati Nath Pandey, aged about 80 years Son of Late Shivpujan Pandey. 2.Abhay Pandey, aged about 49 years Son of Pashupati Nath Pandey, Both are Resident of 99 Bagbera Colony, Road No. 4, P.O & P.S. Bagbera, District- East Singhbhum, Jamshedpur …....... Appellant(s) Vrs. 1.The State of Jharkhand 2. Vishal Kumar, Son of Sri Krishna Kumar, Resident of Quarter No.98/2/2 Road No.3 Bagbera Colony Road No. 4, P.O. & P.S. Bagbera District- East Singhbhum, Jamshedpur ........ Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant(s) : Mr. Gautam Kumar, Advocate Mr. Sanjay Kumar, Advocate For the Respondent no.2 : Mr. Vikash Kumar, Advocate For the State : Mr. Sashi Kr. Verma, A.P.P. 03/01.05.2026 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 appellants 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 12.01.2026 passed by the learned Additional Sessions Judge-I-cum- Special Judge, SC/ST(POA) Act, Jamshedpur in A.B.P. No. 1983 of 2025 arising out of Bagbera P.S. Case No. 232 of 2022 registered for the offence under Section 341,323,504,506,34 of the IPC and Sections 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 whereby and whereunder the prayer of the appellants for grant of anticipatory bail has been rejected. The case is presently pending before the court of learned Special Judge, SC/ST Act, Jamshedpur. 4. Inspite of the fact that Section18 of the SC/ST (POA) Act prohibits the grant of anticipatory bail, the present appeal for grant of anticipatory bail has been filed by the appellant. 5. Learned counsel for the appellants has submitted that the dispute is with regard to a ‘Nala’ and the present appellants have been 2026:JHHC:12904 2 Criminal Appeal (SJ) No. 131 of 2026 wrongly roped in the present case. It has been further submitted that the Police has not submitted charge-sheet against the present appellants as it is mentioned that these appellants are not sent up for trial but their names are at column no. 11 of the chargesheet. Thereafter cognizance has been taken by the Court against these appellants and summon has been issued. Statement to that effect has been made at para 9 and 10 of the memo of the appeal. 6. On the other hand, learned counsel for the respondent no.2 and the State have opposed the prayer for grant of anticipatory bail and submitted that offence is made out against the appellants. 7. Considering the fact that Police has not submitted charge-sheet against present appellants, I am inclined to grant anticipatory bail to the appellants. 8. Accordingly, the appellants, above named, are 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 their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- ( Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Jamshedpur in connection with Bagbera P.S. Case No. 232 of 2022, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellants will submit self-attested photo copy of their Aadhaar Card and also submit their mobile number before the learned trial court which they will always keep active and will not change it during pendency of this case without prior permission of the Court. 9. In the result, the present appeal is allowed and accordingly disposed of. (Rajesh Kumar, J.) 01.05.2026 A. Mohanty Uploaded ____/____/2026