2026:JHHC:12722 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.185 of 2024 ---- 1. Shamshu Nisa Begum @ Shamshun Nisha Begam @ Shamshun Nisa Begum @ Samshun Nisha Begum, aged about 81 years, wife of Late Syed Mohammad Shafiq 2. Syed Ashfaq Karim @ Sayad Asfaque Karim @ Sayed Ashafaque Karim, aged about 63 years, son of Late Syed Mohammad Shafiq, Both resident of Karim Mension, Near Karim City School, P.O.+P.S.- Sakchi, District – East Singhbhum (Jharkhand). …. …. Appellants Versus 1. The State of Jharkhand 2. Sukhlal Murmu, aged about 32 years, son of Ramai Murmu, resident of Pudhisa Tola, Jondragoda, P.O.-Sundar Nagar, P.S.-Sundar Nagar, District East Singbhum, Jamshedpur (Jharkhand) …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Indrajit Sinha, Adv. Ms. Ashwini Priya, Adv. Mr. Rishav Kumar, Adv. For the State : Mr. Santosh Kr. Sukla, A.P.P. For the Respondent No.2 : Mrs. Suggi Murmu, Adv. Mr. Zubair Khan, Adv. ---- 14/Dated: 30th April, 2026 1. 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 counsel for the appellant, learned counsel for the State and learned counsel for the Respondent No.2. 3. The appeal has been filed against the impugned order dated 21.03.2024 passed in A.B.P. No.337 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge SC/ST Act at Jamshedpur in connection with SC/ST Case No.24 of 2020 arising out of Birsa Nagar (SC/ST) P.S. Case No.01 of 2020, registered for the offence under Sections 420, 500 and 504 of the Indian Penal Code and under Sections 3(1)(iv), (v), (viii) and (x) of the SC/ST (PoA) Act. The case is presently pending in the court of the 2026:JHHC:12722 Page | 2 Criminal Appeal (S.J.) No.185 of 2024 learned Additional Sessions Judge-I-cum-Special Judge (SC/ST) at Jamshedpur. 4. It is well settled that although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in cases where no prima facie offence under the Act is made out. 5. Learned counsel for the appellants has submitted that, as per the allegations, the appellants are said to have acquired and taken possession of the land in question on the basis of forged deeds and have also instituted false cases against Respondent No.2. However, it has been contended that mutation stands in favour of the appellants. It has further been submitted that several proceedings are pending before the Revenue Authorities, which indicate that the appellants are in possession of the land in dispute. So far as the question of title is concerned, the same can only be adjudicated by a competent civil court in an appropriately instituted civil suit. With regard to the allegation of lodging false cases, it has been submitted that the said cases are still pending and it has not been declared as false case yet. 6. In the present case, the police have submitted final form, however, upon protest petition being filed, the learned Special Judge (SC/ST), Jamshedpur has taken cognizance against the appellants. It has been argued that since a serious civil dispute is pending between the parties, the application for anticipatory bail is maintainable. In support of such submission, reliance has been placed upon the judgment of the Hon’ble Apex Court reported in 2020 (10) Supreme Court Cases 710 in the case of Hitesh Verma versus State of Uttrakhand & Anr. 7. On the other hand, learned counsel appearing for the State as well as Respondent No.2 have opposed the prayer for anticipatory bail and submitted that the appellants are land grabbers who have usurped the land belonging to poor Adivasis by creating forged and fabricated documents. It has further been alleged that the appellants have instituted false and fabricated criminal cases against them, and several criminal cases are pending. It has also been submitted that proceedings under Section 107 Cr.P.C. is also pending. 8. Having heard learned counsel for the parties and upon perusal of the materials available on record, it appears that, as per the orders passed by the 2026:JHHC:12722 Page | 3 Criminal Appeal (S.J.) No.185 of 2024 Revenue Authorities, the appellants are in possession of the land in question. So far as the allegation regarding lodging of false FIRs is concerned, neither has there been any acquittal nor any judicial declaration that the said cases are false. Thus, prima facie, it appears that there exists a serious land dispute of civil nature between the parties. 9. In that view of the matter and following the judgment of the Hob’ble Apex Court as reported above, the appellants, above named, are directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (SC/ST) at Jamshedpur in connection with SC/ST Case No.24 of 2020 arising out of Birsa Nagar (SC/ST) P.S. Case No.01 of 2020 on the conditions as laid down under Section 482 B.N.S.S., 2023. Further, the appellants will submit self-attested photocopies of their Aadhaar Card and also submit their mobile number before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court. 10. In the result, the instant appeal stands allowed and disposed of. (Rajesh Kumar, J.) Dated: 30th April, 2026 Amar/- Uploaded